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2008 Supreme(Mad) 1974

A.C.ARUMUGAPERUMAL ADITYAN
H. Mohammed Iqubal – Appellant
Versus
Sulthan Maricar & Others – Respondent


Advocates Appeared:
For the Appellant :G. Masilamani, Senior Counsel, V. Karunakaran, Advocate.
For the Respondents:K. Chadramouli, Senior Counsel, A. Muthukumar, Advocate.

Judgment :-

This appeal has been directed against the judgment in O.S.No.16 of 1995 on the file of the Additional District Judge, Pondicherry at Karaikal. The unsuccessful plaintiff is the appellant herein.

2.The short facts of the plaint in brief are as follows:-

The first defendant is the owner of the property schedule to the plaint. He had purchased the same under the sale deed dated 13. 1976 under Document No.82/76 of Neravy Sub-Registrars Officer at T.R. Pattinam. On 22. 1992 the plaintiff agreed to purchase the property for a sale consideration of Rs.2,75,000/-. Accordingly, a sale agreement was entered into between the plaintiff and the second defendant, power of attorney agent of the first defendant. On the date of sale agreement itself the plaintiff had paid Rs.50,000/-. The said amount was deposited in the Savings Bank account of the defendant with Indian Overseas Bank, Karaikal. Time for performance of the sale was initially set at six months from the date of agreement. Soon after the agreement the first defendant left for Singapore, without informing the plaintiff of the probable date of his return. However, he had appointed the second defendant, his brother-in-law, as h




















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