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2008 Supreme(Mad) 3665

G.RAJASURIA
Ponnammal & Others – Appellant
Versus
T. Balasubramaniam (Died) & Others – Respondent


Advocates Appeared:
For the Appellants :N. Manokaran, Advocate.
For the Respondents:A. Nissar Ahmed, Advocate.

Judgment :-

This appeal is focussed as against the judgement and decree dated 27. 1995 passed in O.S.No.193 of 1991 by the learned I Additional Subordinate Judge, Erode, Periyar District.

2. Narratively but precisely, broadly but briefly the case of the plaintiffs as stood exposited from the plaint could be portrayed thus:-

.(a) The deceased Rangaswami gounder and his wife D1-Ponnammal and their children, namely defendants 2 to 8 entered into the suit agreement to sell with the plaintiffs dated 23. 1987, whereby the plaintiffs agreed to purchase from the defendants the suit property measuring an extent of 3 acres of land for a sum of Rs.3,48,000/-. The stipulations contained therein are to the effect that the plaintiffs should carve out plots and sell them to various persons and pay the proportionate amounts as and when they receive the sale consideration from the purchasers of the plots, in addition to the condition that the plaintiffs also at their discretion purchase, on outright basis the entire suit property as one lot. The time stipulated for performance was one year.

(b) The plaintiffs, in commensurate with the agreement to sell, effected changes in the land, so as to make i







































































































































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