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1990 Supreme(Mad) 47

BELLIE, NAINAR SUNDARAM
Mariamma Varghese – Appellant
Versus
K. V. Balasubramaniam – Respondent


Advocates Appeared:
For the Appellant:Mr. S.V. Jayaraman for Mr. A.S. Vijayaraghavan, Advocates.
For the Respondent:Mr. K. Govindarajan, Mr. V. Radhakrishnan, Mr. G. Nagarajan, Advocates, Mr. V. Sridevan, Special Government Pleader.

Judgment :-

1. This First Appeal is directed against the judgment and decree of the Subordinate Judge, Coimbatore, in O.S. No. 141 of 1980. The plaintiff in the suit is the appellant herein. The respondents originally arrayed in the First Appeal were defendants in the suit. Some of them died pending the Appeal and their legal representatives have been brought on record. The plaintiff wanted specific performance of an agreement of sale dated 29.6.1978, marked in the case as Ex. B 3 and the plaintiff is the second assignee of that agreement. The Court below non-suited the plaintiff mainly on the ground that the agreement of sale was cancelled by the original agreement holders. This finding is being put in issue in this First Appeal. Here is another way of enforcing the agreement of sale. In the Judgment of the court below, there is a reference to this aspect, but that has not appeal. Here is another way of enforcing the agreement of sale. In the Judgment of the court below, there is a reference to this aspect, but that has not been strictly put against the plaintiff. The impediment is that the transaction, assuming it could fructify through the hands of the Court, will come within the


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