1971 Supreme(Mad) 675
R.SADASIVAM, V.RAMASWAMI
Eswari Amma – Appellant
Versus
M. K. Korah – Respondent
Advocates:
K. Parasaran, for Appellants.
A. Sundaram Ayyar and T.S. Srinivasan, for Respondent No. 1.
P. Anathakrishnan Nair, for Respondent No. 3.
Sadasivam, J.-Appellants are defendants 1 and 6 in O.S.No. 23 of 1963, on the file of the Subordinate Judge’s Court, Padmanabhapuram. The first respondent-plaintiff filed the suit for specific performance of the agreement of sale Exhibit A-4, dated 15th February, 1961, for Rs. 52,000 in respect of 126 acres 91 cents of land known as ‘Love Grow Providence Estate’ owned by defendants 1 and 2. The first defendant is the wife and the second defendant is the daughter of D.W. 4 Raman Pillai, who acted on their behalf in bringing about the agreement of sale. Defendants 1 and 2 had purchased the suit property from the third defendant on 20th June, 1956 for Rs. 20,000 under the original of Exhibit B-2, but paid only Rs. 1,500 at the time of sale and agreed to pay the balance of Rs. 18,500 in four instalments from August, 1958 to August, 1962. There is no dispute about the claim of the third defendant for the balance of sale consideration payable to him. Defendants 4 and 5 were cultivating the suit lands excluding the portions occupied by rubber plants and trees for raising tapioca under an unregistered lease deed dated 27th March, 1957, which has not however been produced in this case. Acco
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