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1996 Supreme(Mad) 1265

E.PADMANABHAN
V. A. M. Mohammed Hanifa Sahib – Appellant
Versus
Kanie, M. A. Anifa Sahib – Respondent


Advocates Appeared:
For the Appellants:A.S.L. Sundaresan, Advocate.
For the Respondents:N. Thirugnanam, Advocate.

Judgment :-

1. The two Second Appeals arise out of the common judgment rendered by the courts below.

2. The defendants in the two suits against whom the suits have been decreed are the appellants in both the second appeals.

3. The plaintiff is one and the same person who has instituted S. No. 895 of 1979 and 1125 of 1979 for recovery of Rs. 2,522.50 and Rs. 2,380/- respectively, against the defendant in each of the suits.

4. The common pleadings and the crux of the pleadings as well, are to the effect that the plaintiff brought forth a sale transaction between the defendant and a third party and that his remuneration has not been paid. According to the plaintiff he acted as a broker and that he is a professional broker who normally engages himself for the conclusion of contract between the seller and purchaser and for such conclusion of sale he receives the remuneration, in other words called as commission.

5. In this connection, it was the specific case of the plaintiff that the sale agreement entered between the defendant and third parties was brought forth by him, that the sale was concluded on 31.1.1979, that despite demands by letters dated 22.6.1979, 6.7.1979 and the registered




























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