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2009 Supreme(Mad) 5523

B.RAJENDRAN
M. Jayakumar – Appellant
Versus
Minor Geetha & Others – Respondent


Advocates appeared:
For the Petitioner:R. Balakrishnan, D. Rajasekar, Advocates.
For the Respondent:T. Dhanyakumar, Advocate.

Judgment

The unsuccessful plaintiff in O.S. No. 68 of 1988 on the file of the Subordinate Judge, Villupuram is the appellant.

2. The Plaintiff/appellant has filed O.S. No. 68 of 1988 for specific performance of the contract praying to direct the defendants 1 to 4, 6 and 7 to execute a sale deed in his favour conveying the suit property to him after deposit of the balance sale consideration; directing the defendants to deliver possession of the suit property to him and for costs.

3. For the sake of convenience, the parties shall be referred to as they were arrayed in the suit.

4. According to the plaintiff, the first defendant Kannan @ Annamalai was the owner of the suit property and for the purpose of purchasing it, the plaintiff has entered into a registered agreement of sale on 27.05.1987, Ex.A4. The defendants 2, 3 and 6 are the legal heirs of the deceased first defendant. According to the plaintiff, the deceased Kannan agreed to sell the suit property to the plaintiff for a sum of Rs.47,000/-and the sale has to be completed within one year from the said date. On execution of the agreement, the deceased Kannan received Rs.20,000/-from the plaintiff and agreed to clear the en























































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