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1993 Supreme(Mad) 154

SRINIVASAN, THANGAMANI
Kumarasamy and others – Appellant
Versus
S. K. John (died) and others – Respondent


Judgment :-

Tnangamani, J.

The appellants are defendants before the trial court. The first respondent/plaintiff instituted O.S.No.104 of 1984 on the file of learned subordinate Judge of Poonamallee for specific performance of Ex.A-1 agreement dated 19. 1982 alleging that the appellants undertook to convey the suit property measuring 1 acre and 84 cents in his favour for a sum of Rs. 1,85,000 and that they had received Rs. 15,000 as advance on the same date. Possession was also given to him pursuant to the sale agreement. They permitted him to make lay-outs of the property and also to negotiate with third parties for the sale of the land. They also agreed to receive the balance of sale consideration and register the document within a period of one year. After taking delivery of possession he got the lands measured in January, 1983 in the presence of the first appellant. Since the sale did not fructify, notices were exchanged between the parties as per Ex.A-1 dated 11. 1983, A-5 dated 11. 1983, A-6 dated 21. 1983, A-7 dated 2. 1983, A-8 dated 2. 1983, All dated 12. 1983, A-15 dated 10. 1983. The mediation also did not yield any result. The first respondent was always ready and willing












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