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2000 Supreme(Mad) 1210

I.DAVID CHRISTIAN
Karvannan – Appellant
Versus
Gopal Padayachi – Respondent


Advocates Appeared:
Mr. V. Raghavachari, Advocate for Appellant. Mr. K.Ravichandra Babu, Advocate for Respondent.

Judgment :

1. This second appeal has been filed against the judgment and decree made in A.S.No.113 of 1986 on the file of the Subordinate Judge, Vridhachalam dated 23.12.1988 confirming the decree granted in O.S.No.46 of 1982 on the file of the District Munsif, Vridhachalam dated 22.7.1986.

2. Twice defeated defendant is the appellant in this second appeal.

3. The plaintiff filed the suit praying for a decree for specific performance alleging that suit schedule properties belonged to the defendant, that surrounding that suit properties on three sides there are properties belonging to this plaintiff that on one side there is a channel (V...n**...^) that the suit property is lying as a distinct small plot in the midst of the lands belonging to the defendant, therefore, the defendant wanted to sell the same, that coming to know of this fact, the plaintiff approached the defendant and negotiated for the purchase of the land, that on 15.6.1979, the defendant agreed to sell the suit property in favour of the plaintiff for a sum of Rs.5,250 that on 28.6.1979, the plaintiff went to the defendant and gave the entire sale consideration of Rs.5,250 and wanted the defendant to execute a regist















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