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1998 Supreme(Mad) 239

SHIVARAJ PATIL, M.KARPAGAVINAYAGAM
Velliangiri (deceased) and three Others – Appellant
Versus
M/s. Ram Bahadur Takur (P. ) Ltd. , Lahariasari, Durbanga District, Bihar State and three Others – Respondent


Advocates Appeared:
Mohan for Appellants.
C.A. Sundaram, Senior Counsel for V. Nataraj, Poornam, for M/s. King and Patridge, for Respondents.

Judgment :-

The plaintiff in the suit C.S.No.237 of 1986 has filed this appeal. Aggrieved by the order dated 26.7.1989 made in Application No. 1818 of 1987 revoking the leave granted holding that his court, on original side, has no jurisdiction to try the suit by virtue of clause 12 of the Letters Patent. During the pendency of the appeal, the appellant died. Hence his legal representatives are brought on record.

2. In this judgment of ours, we will refer to the parties as they are arrayed in the suit for convenience.

3. In the suit, the plaintiff prayed for a judgment and decree for specific performance against the defendants 1 and 4 directing the 1st defendant and 4th defendant to execute a sale deed in favour of the plaintiff, transferring and conveying the property, more fully described in the Schedule hereunder known as Travancore Tea Estates Company Limited together with all buildings, factories, plantations, standing timbers and other machineries, plants erected therein, transport vehicles such as cars, jeeps, lorries, motor cycles, scooters and three wheeler and four wheeler vehicles, after the first defendant obtaining sanction from Reserve Bank of India within a time to be
















































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