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1993 Supreme(Mad) 421

THANGAMANI, SRINIVASAN
J. K. Abdul Jabbar Rowther – Appellant
Versus
V. J. Mani Raj and others – Respondent


Appearing Advocates:T.R.Mani, Senior Counsel for M/s. T.M.Hariharan and P.R.Balasubramanian, for Appellant. T.R.Rajagopalan, for Respondent No.l.
M.N.Padmanabhan, for Respondent Nos.2 to 6.

Judgment :-

Srinivasan, J.

The plaintiff, whose suit for specific performance has been dismissed, is the appellant herein. The case set out in the plaint is as follows: The properties described in the plaint schedule belonged originally to the first defendant. They were rented out to five persons. The first defendant was himself occupying one portion and run-ninga printing press. As he wanted to augment his income and for that purpose demolish the superstructure and put up a new construction, he approached the plaintiff and the latter agreed that he would finance him provided a lease of the suit properties is granted to the plaintiff. The first defendant agreed to that course and as the building was in a dilapidated stage, he agreed to vacate the tenants and also vacate the portion occupied by him, demolish the entire building and put up new construction and lease out the entire property to the plaintiff. On 12. 1988, an agreement was entered into between the plaintiff and the first defendant, which is marked as Ex.A-1. Under the agreedment, the first defendant agreed to evict the tenants within three months and also vacate the portion in his occupation within the said time. He agre




























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