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2001 Supreme(Mad) 754

K.SAMPATH
Bharathi Ammal – Appellant
Versus
Jayaraman and others – Respondent


Advocates Appeared:
A.J.Abdul Razak, for Appellant.
K.Chandrasekaran, for R.Loganathan, for Respondent No.1.

Judgment :

The second appeal in S.A. No.183 of 1990 arises out of A.S.No.50 of 1989 on the file of the learned Second Additional District Judge, Pondicherry, which was against the decision of the learned First Additional Subordinate Judge at Pondicherry in O.S.No.336 of 1981.

2. The second appeal in S.A.No.184 of1990 arises out of A.S.No.48 of 1989 on the file of the learned Second Additional District Judge, Pondicherry, and it was against the decision of the learned Additional Subordinate Judge in O.S.No.289 of 1981.

3. The appellant in both the second appeals is the same. She was the plaintiff in O.S.No.289 of 1981 and the seventh defendant in O.S.No.336 of 1981. The suit in O.S.No.289 of 1981 was filed by her for cancellation of the agreement dated 9.1.1980 executed by one Manjini Naicker in favour of the defendant Jayaraman. The suit in O.S.No.336 of 1981 was filed by Jayaraman against the legal representatives of Manjini Naicker as defendants 1 to 6 and the appellant herein as the seventh defendant for specific performance of the agreement for sale executed by Manjini Naicker on 9.12.1980 and in case, the defendants failed to execute the sale deed, the Court was to execute the



























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