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2009 Supreme(Mad) 3323

M.CHOCKALINGAM, R.SUBBIAH
Shanthi Kawarbai & Others – Appellant
Versus
Sushila & Others – Respondent


Advocates appeared:
For the Appellants:A.L. Somayaji, Senior Counsel, P. Sivagnanam, Advocates.
For the Respondents:T. Viswanatha Rao, Advocate.

Judgment :-

Common Judgment M. Chockalingam, J.

This appeal and the cross objection has arisen from the judgment of the learned Single Judge of this Court made in C.S.No.1437 of 1988 whereby a decree for specific performance issuing a direction to the defendant to execute and register a sale deed in favour of the plaintiff with respect to the land that has been exempted by the Urban Land Ceiling Authority.

2.The respondent/plaintiff has filed the suit with the following averments:

(a) The plaintiff intended to start an Educational Society. She was in search of a suitable land. The original defendant represented to her that he was the owner of the suit property having purchased the same in public auction on 111. 1975; that he sold a portion of the said property together with the bungalow and the appurtenant land in favour of one Saraswathy Kailasam on 23. 1984; that the balance of the land measuring 9 acres and 50 cents was available; and that he was ready and willing to sell the same for a sum of Rs.15 lakhs. The plaintiff agreed to purchase the same. Accordingly, an agreement for sale was entered into by her with the original defendant represented by his Power of Attorney, on 11. 1



















































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