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2010 Supreme(Mad) 4441

M.JEYAPAUL
Absal Saheb – Appellant
Versus
N. Gajendran – Respondent


Advocates Appeared:
For the Appellants:A. Rajendrakumar, Advocate.

Judgment :-

1. The defendants who suffered a decree for specific performance of the agreement for sale both before the trial Court as well as the first appellate Court, are the appellants herein. Originally the first and second defendants alone were parties to the suit laid by the plaintiff. As both of them passed away, the other defendants/appellants herein have come on record, as legal representatives of the original defendants 1 and 2.

2. The plaintiff laid the suit contending that the first and second defendants having agreed to sell the suit properties for a sum of Rs.91,000/-, executed the agreement for sale on 14.9.1982, receiving a sale advance of Rs.10,100/-. The plaintiff has contended that he has been ready and willing to perform his part of the contract. Inspite of the notice served on the defendants 1 and 2, they had not expressed their willingness to perform their part of the contract. Hence, the plaintiff has filed the suit for specific performance of the agreement for sale.

3. The defendants 1 and 2 have contended in the written statement that they have not executed the agreement for sale with a free mind. The first defendant was old and sick at the time of executi















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