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1997 Supreme(Mad) 883

R.BALASUBRAMANIAN
S. Gopinathan – Appellant
Versus
Mannangatti Pillai – Respondent


Advocates:
Mr.V.N. Krishna Rao, Advocate for Petitioner. Mr.V. Raghavachari, Advocate for Respondent.

Judgment :

1. The appellant in this appeal is the defendant in O.S.No.14 of 1982, on the file of the Sub-Court, Villupuram. The respondent in this appeal is the plaintiff in that suit. In this judgment parties to this appeal are referred to in the rank in which they are described in the suit.

2. The plaintiff filed the suit O.S.No.14 of 1982 in the court of Sub-Judge, Villupuram (which was originally taken on file as O.S.No.156 of 1979 by the Sub-Court, Tindivanam) against the defendant claiming a decree for specific performance of the agreement dated 270. In fact this agreement referred to in the plaint and relied upon by the plaintiff is as an agreement for reconvenyance. This suit was decreed by the learned Subordinate Judge by judgment and decree dated 282. The defendant filed an appeal which was taken on file as A.S.No.28 of 1983 by the Additional District Judge, South Arcot, Cuddalore. The Appellate Judge by judgment and decree dated

15. 9.83 affirmed the decree of the trial judge and dismissed the appeal. In this second appeal the defendant is questioning the correctness of the Judgment of the courts below and referred to above.

3. I heard Mr.V.N. Krishna Rao learned co









































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