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1996 Supreme(Mad) 628

M.SRINIVASAN, S.S.SUBRAMANI
Pachaiappan and others – Appellant
Versus
S. P. Koon Mari – Respondent


Advocates:
V.Krishnan, for Appellants. M.N.Padmanabhan, Senior Counsel, for
M.N. Muthukumaran, for Respondent.

Judgment :-

Srinivasan, J.

The appellants purchased the suit property from the respondent and his three minor sons represented by the respondent as their guardian on2. 1973 under Ex.B-1 for a sum of Rs.21,000, out of which a sum of Rs.13,200 was paid in cash. As regards the balance of Rs.7,800 the appellants agreed to discharge within a period of five years the loan due to Dharmapuri Co-operative Land Development Bank. On the same day, the appellants executed a document marked as Ex.A-1 agreeing to reconvey the property to the respondent, if the latter paid the entire amount of sale consideration within a period of five years therefrom.

.2. On 2. 1978, the respondent filed O.S. No.266 of 1978 on the file of Sub Court, Krishnagiri for a decree for specific performance. In the plaint it was alleged that the plaintiff was willing to deposit in court the sums due to the defendants. It was also alleged that the defendants had not discharged the loan due to the bank as agreed in the sale deed and the plaintiff had to repay only a sum of Rs.13,500. It was further alleged that the plaintiff had offered payment of dues to the defendants several times, but they were postponing the event by g






























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