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1996 Supreme(Mad) 120

S.S.SUBRAMANI
Gowrammal alias Gowri – Appellant
Versus
V. Pechimuthu – Respondent


Advocates Appeared:
N. Varadarajan, for Appellant.
Nicholas, for Respondent.

Judgment :-

This second appeal is by the defendant in O.S. No.447 of 1979, on the file of Second Additional Subordinate Judge’s Court, Coimbatore.

2. As per Ex.A-2, dated 2.5.1973, the respondent herein executed a sale deed in respect of the plaint schedule property in favour of the appellant herein. The sale was for a consideration of Rs.20,000. It is seen that on the date of sale, the respondent herein was indebted to some persons and that necessitated the execution of the sale. A stranger has obtained a decree against the plaintiff/ respondent, and there was an understanding between the plaintiff and the defendant that the appellant will discharge the debt which as on that day came to Rs. 15,005. There was also some other payment to be made. Out of the sale consideration of Rs.20,000, Rs. 15,005 was earmarked for discharging the decree debt, and out of the balance, an amount of Rs.2,500 was to be paid to one Palaniammal, for getting vacant possession of the premises, and it is said that the balance amount was agreed to be paid at the time of sale. It is averred by the plaintiff that the defendant did not pay the amount of Rs.2,495 as promised, and the expenses for registration was






























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