ABDUL HADI, A.R.LAKSHMANAN
A. Shanta – Appellant
Versus
H. Madhava Rao and Another – Respondent
AR.Lakshmanan, J.
The appellant/plaintiff filed O.S. No.2595 of 1981 on the file of the Fourth Additional Judge, City Civil Court, Madras, to direct the respondents/ defendants to specifically perform the agreement to sell dated 18.7.1974 and execute and register the sale deed in favour of the appellant conveying the B schedule property free from all encumbrances and for possession of the ground floor of the B Schedule property.
2. The appellant’s case in brief is as follows: The respondents are the absolute owners of the property bearing Door No.68, G.N. Chetty Road, T.Nagar, Madras-17, more fully described in the A Schedule to the plaint. The A Schedule property has an out-house, which is described in the B Schedule, with a total ground area of one ground and 800 sq.ft. which is an independent property. The entire A schedule including the B Schedule property was subject to three registered mortgages, one in favour of Hindu Janopakara Saswatha Nidhi, dated 23.12.1967 the second in favour of Permanent General Benefit Fund Limited dated 5.9.1968 ad the third one in favour of one V.Kamala, dated 4.4.1974. According to the appellant, the respondents approached her for the sal
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