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2006 Supreme(Mad) 290

K.MOHAN RAM
Chinnakannu Naidu – Appellant
Versus
Chinnappan – Respondent


Advocates Appeared:
For the Appellants:D. Rajendran, M. Venkatachalapathy, Advocates.
For the Respondent:N.S. Varadachari, Advocate.

Judgment :-

1. The defendants are the appellants herein.

2. This appeal has arisen from the judgment and decree of the learned Subordinate Judge, Poonamallee granting a decree for specific performance in favour of the plaintiff/first respondent.

3. The case of the plaintiff as set out in the plaint is as follows:

The defendant entered into a sale agreement on 06.07.1985 with the plaintiff to sell the suit property for Rs. 54,000/- at the rate of Rs. 500/- per cent and received an advance of Rs. 18,000/- on 06.07.1985 itself. The first defendant received another sum of Rs. 10,000/- on 26.04.1986 and made an endorsement at the back of the agreement. The plaintiff had been ready and willing to pay the balance of sale consideration of Rs. 26,000/- at all relevant times. The defendants had given some of the documents and the plaintiff wanted the defendants to produce the remaining title deeds also to the plaintiff for finalising the sale and wanted the defendants to fixup a date for sale. The plaintiff by a legal notice dated 19.04.1988, called upon the defendant to fixup a date for sale. But the defendants without complying with the request, sent a reply setting out all false frivolous a































































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