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2008 Supreme(Mad) 2635

M.CHOCKALINGAM, K.VENKATARAMAN
Ramnath Publications Pvt. Ltd. – Appellant
Versus
A. R. Madana Gopal & Others – Respondent


Advocates Appeared:
For the Petitioner:A.L. Somayaji, Senior Counsel, M. Balasubramanian, Advocate.
For the Respondents:M. Venkatachalapathy, Senior Counsel, M. Sriram, AR.L. Sundaresan, Senior Counsel, M. Murali, Advocate.

Judgment :-

M. Chockalingam, J.

1. This judgment shall govern these four appeals in OSA Nos.381 to 384 of 2003.

2. These appeals challenge a common judgment of the learned Single Judge of this Court made in C.S.Nos.826 and 983 of 2000 and 111 and 112 of 2001.

3.The plaint averments in C.S.No.826 of 2000 are as follows:

(a) The suit property belonged to the first defendant, a firm, which was being represented by the second defendant. They offered to sell the property to the plaintiff. The price fixed was Rs.9,25,000/-. The suit property is 1/4th undivided share of land situated at Door No.325, Arcot Road, Vadapalani, Chennai 600 026. A written agreement was entered into between the plaintiff and the first defendant on 20.3.1991, and a sum of Rs.25,000/- was paid to the first defendant as advance. As per the agreement, the sale shall be concluded within a period of four months, and the vendors shall deliver all relevant title deeds to the purchaser at the time of the payment of the 2nd advance of Rs.2,75,000/-. The vendors also agreed for the demolition of the building and for removal of the material contained in the building. The plaintiff paid amounts to the extent of Rs.8,50,000/-o

































































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