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1960 Supreme(Mad) 85

SOMASUNDARAM
Subramania Mudaliar – Appellant
Versus
Ammapet Co-operative Weavers Production & Sales Society by President, S. Gopalaswami Mudaliar – Respondent


Advocates:
K.S. Champakesa Iyengar, for R. Gopalaswami Iyengar, for Appellant.
K. Shanmukham, for Respondent.

Judgment.-

The plaintiff is the Appellant. He brought the suit for specific performance of an alleged contract to sell the building belonging to the respondent. The respondent is a co-operative society.

The case for the plaintiff is this. In the end of January, 1956, the defendant-society called for offers for the sale of the house. There were offers up to Rs. 2,500. The plaintiff gave a petition for purchase of R. 2,550. The Board, by its resolution No. 391, dated 3rd September, 1956, accepted the plaintiff’s offer and authorised a sale-deed to be executed by the President if the sale could be concluded before 2nd March, 1956. The plaintiff was informed by the President of this resolution and subsequently he was told that a draft sale-deed might be submitted after Mahamaham, that is to say, by about 7th March, 1956. Accordingly the plaintiff submitted a draft sale-deed, but the defendant did not sell the house because the sale was not completed before 2nd March, 1956, according to the resolution. This answer of the defendant was also embodied in a resolution, dated 5th March, 1956. It may be mentioned that it was only after this resolution that the plaintiff sent a draft. The defen
























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