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2011 Supreme(Mad) 460

R.S.RAMANATHAN
D. Kamalavathi – Appellant
Versus
P. Balasundaram – Respondent


Advocates appeared:
For the Appellant: S. Parthasarathy, Senior Counsel.
For the Respondents:R3 & R5 to R13 - Ms. C.R. Rukmani, Advocate.

Judgment :-

1. The plaintiff is the appellant.

2. The plaintiff filed the suit for specific performance of an agreement of sale dated 27.10.1987, Ex.A1 executed between the plaintiff/appellant and the first respondent herein for a consideration of Rs.5750/=. The case of the plaintiff/appellant was that an agreement of sale, Ex.A1 was entered into between him and the first respondent herein who was the first defendant in the suit for a consideration of Rs.5700/= and he paid a sum of Rs.3500/= towards sale consideration and one year time was stipulated for completing the sale and as per the agreement of sale, documents of title were handed over to her and as the first defendant failed to execute the sale deed, she issued a notice and thereafter, obtained the encumbrance certificate and found that the first defendant sold the properties to defendants 2 and 3 under a registered sale deed and respondents 2 and 3 were aware of the sale agreement in her favour and they are not bona fide purchasers of title and therefore, filed the suit for specific performance of agreement of sale dated 27.10.1987.

3. The first respondent herein remained absent and he was set ex parte and respondents 2 and
































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