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1994 Supreme(Mad) 499

SRINIVASAN, THANGAMANI
B. K. Jayaraman – Appellant
Versus
S. K. Subramanian and others – Respondent


Advocates:
O.V. Balaswamy, for Appellant. R1 & R2, K. Sampath, Senior Advocate for R.Subramanian, R3, P.Ananthakrishnan Nair, R4 & R5, K.V.Prakash, for Respondent.

Judgment :-

Thangamani, J.

Appellant is the plaintiff in O.S.No.323 of 1981 in the Court of Subordinate Judge of Madurai. He instituted that suit for specific performance of the agreement of sale under Ex.A-1 dated 212. 1975 entered into between himself and respondents 1 to 3. The terms of the agreement disclose that out of the sale consideration of Rs.85,000 respondents 1 to 3 have received an advance of Rs.2,000 on that day. The vendors have agreed to reserve a sum of Rs.22,000 with the plaintiff for the discharge of an earlier mortgage deed dated 1. 1973 executed by them along with their mother in favour of one Bhagavathi Ammal for Rs.15,000. They have also agreed to reserve Rs.5,000 with the plaintiff for obtaining a release deed from respondents 4 and 5 who are their sisters. The appellant was to pay the further sum of Rs.10,000 when respondents 1 to 3 get the tenants vacated from the premises and surrendered vacant possession. The appellant is to keep the balance of sale consideration of Rs.30,000 as deposit and pay interest for the same at 12% p.a. The remaining money was to be paid before the Sub Registrar at the time of registration. The appellant claims that time is not th












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