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2009 Supreme(Mad) 3893

M.VENUGOPAL
P. Velumani – Appellant
Versus
K. A. Noorjahan & Another – Respondent


Advocates Appeared:
For the Appellant:T.V. Ramanujan, Senior Counsel, for M/s. Star Associates Advocates. For the Respondents:A. Aravindan, for C.T. Subbiah, Advocates.

Judgment :-

The appellant/defendant has preferred this appeal as against the Judgment and Decree dated 25.09.2000 in O.S. No.980 of 1995 on the file of Learned IV Additional Sub-Court, Coimbatore.

2. The necessary germane facts of the respondents/plaintiffs case are as follows:

"The plaint schedule properties absolutely belongs to the appellant/defendant by virtue of registered settlement deed dated 04.02.1959 bearing document No.165 of 1959. The 5 acres and 39 cents, being the extent of properties is situated in Kuniamuthur village, Coimbatore South Taluk in Coimbatore District which runs as follows:

1. S.F.No.212/2 : Dry AC 1.01

2. S.F.No.212/1 : Dry AC 0.50

3. S.F.No.213/1 : Dry AC 0.30

4. S.F.No.213/3 : Dry AC 1.34

5. S.F.No.215/3 : Dry AC 0.45

6. S.F.No.693/2 : Dry AC 1.79

7. S.F.No.214 : 0.90 in this Southern half AC 0.45 Total AC 5.39

3. As the agricultural operations of the defendant was not successful he was proposing to sell the properties which are situated on the periphery of the Coimbatore City and hence potential for laying the respondents/plaintiffs on 05.02.1992 had entered into an agreement of sale with the appellant/defendant towards the purchase of the total 5 acr
















































































































































































































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