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2001 Supreme(Mad) 189

S.JAGADEESAN
N. Ramalinga Nainar – Appellant
Versus
Noor Mohammed Saheb and others – Respondent


Advocates Appeared:
Mrs.Chitra Sampath, for Appellant. K.Mani, for Respondents.

Judgment :-

The plaintiff in O.S.No.333 of 1981 on the file of the District Munsif, Thirukoilur is the appellant herein. He filed the suit for specific performance on the ground that the second respondent, the owner of the property agreed to sell the same by way of oral agreement on 6.10.1969. Followed by the agreement, she also executed the sale deed on 16.10.1969. Since she refused to come to the Sub-Registrars office for registration, the plaintiff filed the suit O.S.No.422 of 1970 on the file of District Munsif Court, Thirukoilur under Sec.77 of the Indian Registration Act for compulsory registration of the sale deed. The first respondent was impleaded, since he has entered into an agreement of sale with the second respondent, subsequent to the oral agreement entered into between the second respondent and the appellant/plaintiff. While the suit O.S.No.422 of 1970 was pending, the first respondent filed O.S.No.7 of 1970 on the file of the Sub-Court, Cuddalore against the appellant and the second respondent for specific performance of the agreement entered into between himself and the second respondent. At the instance of the respondents, O.S.No.422 of 1970 was transferred to Sub-












































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