T.RAJA
Abdul Kalam Azad – Appellant
Versus
Ananthalakshmi – Respondent
1. The appellants herein filed a suit as plaintiffs in O.S. No.17 of 1993 on the file of the Additional Sub Court, Vridhachalam, seeking a direction to the Ponnadam Sub Registrar to register the Sale Deed executed on 21.11.1988.
2. The facts giving rise to the present appeal are as follows:-
The immovable property described in the schedule of the plaint originally belonged to the first defendant Thayarammal. On behalf of the minor plaintiffs, their mother Haniffa Bi on the one side and the first defendant on the other side entered into an agreement to sell the property on 31.03.1988, for a sale consideration of Rs.1,25,000/-. As per the said agreement, the first defendant received a sum of Rs.38,200/-from the guardian of minors. In the said agreement, it was agreed that the mortgage in favour of one Duraisamy Padayachi for Rs.10,000/- and Rs.7,000/-, amounting to Rs.26,140/-, shall be discharged by the plaintiffs. The balance of Rs.60,660/-, out of the total consideration, shall be paid on or before 31.12.1988 and the sale deed shall be executed. In pursuant to the sale agreement, the first defendant executed the sale deed dated 21.11.1988 in favour of the plaintiffs.
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