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1998 Supreme(Mad) 598

S.S.SUBRAMANI
Vadivelu Mudaliar (died) – Appellant
Versus
Kanni Ammal (died) – Respondent


Advocates Appeared:
For the Appellants:T.R. Rajagoplam, Senior Counsel for T.R. Rajaraman, Advocate.
For the Respondents:S.K. Rakhunathan, Advocate.

Judgment :-

1. Plaintiff in O.S. No. 639 of 1980, on the file of Subordinate Judge, Cuddalore, is the appellant. Subsequent to the filing of Second Appeal, the sole appellant died and his legal representative has been brought on record as additional 2nd appellant. The sole respondent in the Second Appeal is the 1st defendant in the suit. She also died and her legal representatives have also been brought on record as additional respondents 2 to 5.

2. The plaint schedule property originally belonged to the sole respondent, the 1st defendant in the suit. She sold the property to one Kannappa Mudaliar on 22.11.1967 for a consideration of Rs. 12,000/-. On 24.11.1967 Kannappa Mudaliar executed a reconveyance deed agreeing to reconvey the property for Rs. 13,300/- within a period of six years. But Kannappa Mudaliar did not reconvey the property as agreed, and therefore, the 1st defendant filed a suit as O.S. No. 481 of 1973, on the file of Subordinate Judges Court, Cuddalore, for specific performance of the reconveyance agreement. The suit was decreed on 25.7.1975. Pending suit, 1st defendant entered into another agreement with the deceased plaintiff herein, as evidenced by Ex.A-1 dated 5.


























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