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1985 Supreme(Mad) 506

S.SWAMIKKANNU
K. Sheik Adham Sahib (died) and Others – Appellant
Versus
A. Maruthamuthu Pillai – Respondent


Advocates Appeared:
For the Appellant :M. Veluswami, Advocate.
For the Respondent:S. Selvarathnam, Advocate.

Judgment :-

This is a Second Appeal filed by K. Sheik Adham Sahib in O.S.No.1 of 1978 on the file of the Court of the learned District Munsif, Palani, against the judgment and decree dated 4.4.1979 in A.S.No.125 of 1978 on the file of the Court of the learned Principal Subordinate Judge, Dindigul, dismissing the appeal with costs confirming the judgment and decree of the trial Court. During the pendency of this Second Appeal, the plaintiff/appellate herein died, and so his legal representatives have been impleaded as appellants 2 to 7 by virtue of the order of this Court dated 27.8.1981 in C.M.P.No.591 of 1981.

2. The suit was filed by the plaintiff for specific performance directing the defendant/respondent herein to execute a sale deed for Rs.5,000 in favour of the plaintiff and in default by the defendant, to have the same done through Court and to direct the defendant to put the plaintiff in possession of the suit properties and for costs of suit.

3. The case of the plaintiff in brief is as follows: The suit properties which are plots Nos.3 and 4 measuring about 2150 sq.ft. and 2194 sq.ft. respectively out of one acre 4245 sq.ft. situated in T.S.No.569 Block No.5 Ward No.3 in Pal





































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