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1993 Supreme(Mad) 300

SRINIVASAN, THANGAMANI
Futnani Dairy Farm and another – Appellant
Versus
P. Rangaswamy Nadar and another – Respondent


Advocates:
For the Appearing Parties: -----

Judgment :-

Srinivasan, J.

Defendants 2 and 3 are the appellants. They are aggrieved by the decree for specific performance passed by the First Additional Subordinate Judge, Chengalpattu, in favour of the first respondent herein. For the sake of convenience, the parties are referred to by their rank in the suit.

2. The case of the plaintiff is as follows: The first defendant, who is the owner of the suit property which is an agricultural land comprised in Survey Numbers 14 and 14/1 in Egathur Village, Chingleput District of an extent of 7.35 acres fully described in the plaint, executed an agreement at Srivaikuntam on 20.9.1982 in favour of the plaintiff agreeing to convey the property to him for a total sum of Rs. 1,65,000 and received an advance of Rs.15,000. The agreement stipulated that the sale should be completed and a deed should be executed and registered within six months therefrom, and that the plaintiff would be at liberty to take possession of the property in the meanwhile. The plaintiff has always been ready and willing to pay the balance of consideration and tenders the same along with the plaint. The plaintiff has also taken possession of the property. It would appea


































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