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1993 Supreme(Mad) 493

THANGAMANI, SRINIVASAN
K. Krishnan Nair and others – Appellant
Versus
K. Parameswaran Pillai (died) and others – Respondent


Advocates Appeared:
For the Appearing Parties: -------

Judgment :-

Srinivasan, J.

The former appeal arises out of the suit for petitioner in O.S.No.43 of 1979 on the file of the Subordinate Judge, Kuzhithurai and the latter appeal arises out of the suit for specific performance filed by the first defendant in the other suit, as O.S.No.33 of 1979 on the file of the same court. Defendants 1 and 3 to 5 to in O.S.No.43 of 1979 are the appellants in the former appeal and the plaintiff in O.S.No.33 of 1979 is the appel-lant in the latter appeal. The parties will be referred to by their ranks in A.S.No.348 of 1982.

2. The first appellant, the first respondent and the second respondent purchased for a sum of Rs.7,000 certain properties including the suit properties from one Govindan Nambudhiri on 7.3.1962. In the document of purchase, reference was made to a decree in O.S.No.380 of 1950 on the file of the District Munsif’s Court, Kuzhithurai, for possession. The vendor had assured the purchasers that he would get delivery of possession in execution of the said decree and hand over possession of the same to the purchasers. The purchasers got possession of the properties on 9.2.1963. On Pathan Nadan and others sought to disturb the possession of pu




























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