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1993 Supreme(Mad) 360

THANGAMANI, SRINIVASAN
S. K. M. Mohammed Amanullah represented by his Power Agent A. Ali Akbar Aziz – Appellant
Versus
T. C. S. Ramasangu Pandian and others – Respondent


Judgment :-

Srinivasan, J.

The plaintiff, who lost in the trial court in a suit for specific performance, has preferred this appeal. The case of the plaintiff is as follows: On 211. 1977 he entered into an agreement with Sri Saravanaperumal Nadar, father of the first defendant and husband of the second defendant, for purchasing the suit properties of an extent of 35 acres 12 cents at the rate of Rs.5,000 per acre. The total consideration works out to Rs.1,75,600 out of which a sum of Rs.10,006 was paid as advance on the date of agreement. The agreement provided that the sale deed should be executed before 30.6.1978. Though the title deeds were given to the plaintiff on the date of agreement, they were taken back with the promise that they will be handed over to the plaintiff a week before the date of sale deed. The plaintiff was always ready and willing to pay the balance amount. But, Saravanaperumal Nadar was delaying the transaction by giving one excuse or other. His son was telling the plaintiff that his father was unwell and would be executing the deed as soon as he recovered fully. On 22. 1979 when the plaintiff pressed for early execution of the sale deed, Saravanaperumal Nada


















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