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1996 Supreme(Mad) 1262

S.S.SUBRAMANI
Koothapadayachi – Appellant
Versus
Arjuna Pillai – Respondent


Advocates Appeared:
For the Appellants:Mrs. Hema Sampath, Advocate.
For the Respondents:R1 & R2 - V. Radhakrishnan, R3 - T. Kandasamy, Advocates.

Judgment :-

1. Defendants 1 and 2 in O.S. No. 193 of 1981, on the file of Principal District Munsifs Court, Kallakkurichi, are the appellants.

2. First respondent herein, as plaintiff, filed the above suit for specific performance of agreement for sale dated 15-6-1974 and marked as Ex.A-3. First respondent alleged that the appellants along with respondents 3 and 4, who are his brothers and defendants 3 and 4 in the suit, agreed to sell the property for a total consideration of Rs. 9,000/-. It is further said that on the same date, they received the entire sale consideration. The agreement provided that the defendants agreed to execute the sale deed whenever called upon by plaintiff prior to 15-6-1976, i.e. , two years time was given for performance of the contract. It is further said that in or about June 1975, defendants 3 and 4 left the village searching for their livelihood and they orally agreed that on their return they would execute the sale deed as per agreement even if it was beyond the period 15-6-1976. It is said that the appellants also agreed for the said arrangement. Defendants 3 and 4 did not return to the village and their whereabouts were also not known till 1980. Wh

































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