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2010 Supreme(Mad) 2365

P.R.SHIVAKUMAR
L. Selvaraj – Appellant
Versus
T. Padmavathi – Respondent


Advocates Appeared:
For the Appellant:D. Krishnakumar, Advocate.
For the Respondent:B.T. Seshadri Senior Advocate for M/s. K. Bhanumathi & V. Manohar, Advocates.

Judgment :-

1. This appeal has been preferred against the judgment and decree of the VII Additional Judge, City Civil Court, Chennai dated 30.8.2001 made in O.S.No.7858 of 1996.

2. The plaintiff in the said suit is the appellant herein. The suit was filed against one S.N.S.Thirumal (since dead) and D.Padmavathi, the respondent herein arraying them as defendants 1 and 2 respectively, for the relief of specific performance based on an alleged agreement for sale dated 24.6.1988. Since the said S.N.S.Thirumal died during the pendency of the suit, the suit was continued against the respondent alone after getting her recorded also as the legal heir of the deceased S.N.S.Thirumal.

3. The plaint averments based on which the appellant/plaintiff had sought for the said relief can be summarised as follows:

The house bearing Door No.1, 21st Avenue, Ashok Nagar, Chennai – 83, more fully described as the plaint schedule absolutely belongs to the respondent herein/2nd defendant. The deceased S.N.S.Thirumal (first defendant) was the father of the respondent/2nd defendant. The respondent and her father entered into an agreement with the appellant/plaintiff on 24.6.1988 for the sale of the suit pro



















































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