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2010 Supreme(Mad) 2975

R.S.RAMANATHAN
N. Balasubramaian – Appellant
Versus
K. Kamala – Respondent


Advocates Appeared:
For the Petitioners:V. Ramakrishnan, Advocate.
For the Respondent:S. Alagarsamy, Advocate.

Judgment :-

Heard both sides

2. The respondent herein filed O.S.No.6 of 1999, on the file of the Additional District Sessions Judge/FTC III, Madurai, against Esthar Rani and 5 others, for specific performance of an agreement of sale, dated 25.12.1995 executed by the 1st defendant, Esthar Rani in favour of the plaintiff. It is stated in the plaint that the first defendant, Esthar Rani, as power Agent of defendants 2 and 3 executed a sale agreement in favour of the plaintiff/the respondent herein and the petitioners herein viz., 5th and 6th defendants in that suit were residing in the suit property at the time execution of the sale agreement and they were also aware of the same and after the execution of the sale agreement, the defendants 1 to 4 evaded the execution of the sale deed and the revision petitioners knowing fully that the respondent has got sale agreement in her favour, got the sale deed in respect of the same property executed by the defendants 1 to 4 on 12.11.1997 in their favour and therefore, a suit was filed for the specific performance of sale, dated 25.12.1995. As the defendants did not appear, they were called absent and set ex-parte and ex-parte decree was passed


























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