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1996 Supreme(Mad) 341

S.S.SUBRAMANI
K. Saroja – Appellant
Versus
Valliammal and Others – Respondent


Advocates:
R.Alagar, Senior Advocate, for Appellant. G.Subramaniam, Senior Advocate, for Respondent.

Judgment :

The parties to these appeals will be referred to as parties in O.S. No.1079 of 1979 from which S.A. No.69 of 1983 arises.

2. O.S. No.1079 of 1979 was filed by the plaintiff/ appellant herein, to specifically enforce Ex.A-2 agreement dated 27. 1978 executed by the first defendant in the suit. The second defendant therein is the plaintiff in the connected suit O.S. No.226 of 1981. That is a suit for redemption filed against the appellant/ plaintiff in O.S. No.1079 of 1979. The 3rd defendant is the husband of the second defendant and defendants 4 and 5 are persons claiming to have some right over superstructure as co-lessee of the site. Hence they are also impleaded.

3. 5th defendant is also the husband of the plaintiff and he was examined as P.W. 1 in this case.

4. The material averments in the plaint are as follows: As stated in the plaint, the property belonged to the 1st defendant who executed an agreement for sale in favour of the plaintiff on 27. 1978, agreeing to sell the property for a sum of Rs.22,000 within a period of five months and a sum of Rs.500 was also paid as advance. Plaintiff was all along ready and willing to take the sale deed in terms of the documen








































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