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2007 Supreme(Mad) 39

S.ASHOK KUMAR
Kamatchi – Appellant
Versus
Natesa Gounder & Another – Respondent


For the Petitioner:P.T. Asha for Sarvabhauman Associates, Advocates. For the Respondents:R1, C.K. Munusamy, R2, S. Mukunth, Advocates.

Judgment :-

The defendant has preferred this revision against the order of the learned Trial Judge in allowing the I.A.,to implead the first respondent herein, a third party, as the second defendant in the suit.

2. The first respondent/third party filed the I.A., to implead him as the second defendant in the suit filed by the second respondent/plaintiff as against the revision petitioner/defendant. The suit is for specific performance of the sale agreement alleged to be entered between the plaintiff and the defendant. The plaintiffs case is that one Swaminathan has settled the suit property to the defendant by a settlement deed dated 211. 2004 and the defendant has agreed to sell the suit property on 22. 2005 by a sale consideration of Rs.1,45,600/= and paid the advance of Rs.1,20,000/=. Since the defendant has not executed the sale agreement in favour of the plaintiff within the period of three months he has instituted the suit as against the defendant.

3. On the other hand the case of the first respondent/third party is that the said Swaminathan though settled the suit property in favour of the defendant has revoked the settlement deed by a revocation deed dated 1. 2006 since th








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