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2011 Supreme(Mad) 4093

R.S.RAMANATHAN
Hameer Sultan – Appellant
Versus
Puviyarasu @ Jaganathan – Respondent


Advocates appeared:
For the Appellants:R. Subramanian, Advocate.
For the Respondents:R1, R2, R4 to R10 - R. Bharanidharan, Advocate.

JUDGMENT :-

1. Defendants are the appellants.

2. The suit was filed by the deceased respondent Puviyarasu @ Jaganathan for specific performance of an agreement of sale executed by the appellants. The case of the plaintiff was that the appellant entered into an agreement of sale with him on 24.5.1981 agreeing to sell the suit property for a sum of Rs.1,63,400/= and also received an advance of Rs.30,000/= on that day and as per the agreement, the appellant should execute the sale deed within three months after getting permission from the Urban Land Ceiling Authorities and without taking any steps, to obtain the clearance from the Urban Land Ceiling Authorities, the appellants received various sums on various dates starting from 18.1.1982 to 20.9.1987 totalling to Rs.96,000/= and they also received another sum of Rs.3000/= on 17.9.1981 and therefore, considering the advance and the payments received later, the appellants received Rs.1,29,000/= towards the sale consideration and the first respondent/plaintiff was liable to pay the balance sale consideration of Rs.34,400/= and on 24.4.1990, a notice was sent by the plaintiff calling upon the appellants to execute the sale deed after gett




















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