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2003 Supreme(Mad) 23

R.JAYASIMHA BABU, PRABHA SRIDEVAN
Arunachala Mudaliar – Appellant
Versus
Jayalakshmi Ammal – Respondent


Advocates Appeared:
Mr. M.S. Subramanian, Advocate for Appellant.
Mr. M.N. Padmanabhan, Sr. Counsel for Mr. M.N. Muthukumaran for Respondent No.1 ; No appearance for Respondent No.2.

Judgment :-

Prabha Sridevan, J.

1. The second respondent/first defendant owned the suit property. The appellant / second defendant claims to have purchased the property bona fide on 22.4.1982. Ex-B4 is the sale deed and Ex-B5 is the sale agreement dated 25.11.1981 that is said to have preceded it. On the other hand, the first respondent/plaintiff claims to be entitled to specific performance of the sale agreement Ex-A7 dated 6.2.1982, between her and the first defendant. The first defendant after filing the written statement remained ex parte . The Trial Court dismissed the suit. On appeal, the learned Single Judge granted a decree.

2. According to the plaint, on 3.8.1981, an agreement was entered into between the first defendant and the husband of the plaintiff for conveying the suit property for a price of Rs.24,410. A notice dated 1.1.1982 was issued by the plaintiff's husband and a suit was filed. Other suits for injunction and other reliefs were filed by the parties herein against each other. To purchase peace, a Panchayat was convened and the well-wishers of the village persuaded the plaintiff and the first defendant to cancel the agreement dated 3.8.1981 and to enter into a f




































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