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1995 Supreme(Mad) 899

RAJU
Guruswami Gounder – Appellant
Versus
Kesava Reddiar and Another – Respondent


Advocates:
N.Thiagarajan, for Appellant. K.Sengottaiyan, for Respondents.

Judgment :

Second defendant is the appellant in the above second appeal. First respondent herein has filed O.S.No.510 of 1980 on the file of the Sub-Court, Gobichettipalayam seeking for specific performance of an agreement of sale entered into between the second respondent in this appeal and the first respondent-plaintiff on 210. 1978 for the sale of the suit schedule property. The case of the plaintiff was that the second respondent herein has agreed to sell the property in question on 210. 1978 to the plaintiff for consideration of Rs.18,100 that various amounts were paid on the dates set out in detail in the plaint, that a balance of Rs.8,100 was due towards the sale consideration, that the plaintiff was ready and willing to perform his part of the contract, that for a sum of Rs.4,000 that was paid on 24. 1979, there was no endorsement on the agreement, that even if the court comes to the conclusion that there is no proof for payment of the said sum of Rs.4,000 the plaintiff is prepared to deposit the said amount also on a direction given by the court and that in spite of the readiness and willingness of the plaintiff to purchase the property, the second respondent has sold the p














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