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2007 Supreme(Mad) 1506

S.NAGAMUTHU
Kumarayee Ammal – Appellant
Versus
M. Ramanathan Rep. by his Power Agent S. P. Kathiresan – Respondent


Advocates Appeared:
For the Petitioners:G. Marimuthu, Advocate.
For the Respondent:P. Senthoorpandian, N. Pappiah, Advocates.

Judgment :-

This Civil Revision Petition has been filed challenging the order of dismissal of an interlocutory application filed under Order 7 Rule 11 C.P.C. dated 04.08.2006 made in I.A.No.39 of 2006 in O.S. No.126 of 2005 on the file of the learned Subordinate Judge, Karur.

2. The petitioners are the defendants and the respondent is the plaintiff in the said suit. Admittedly, the petitioners and the respondent have entered into a sale agreement dated 09.02.1996, by which the petitioners have agreed to sell one acre 23 cents of their land to the respondent for a consideration of Rs.12,000/- per cent and received a sum of Rs.4,92,000/-from the respondent as advance on the date of the agreement itself.

3. Subsequently, the respondent has issued a legal notice dated 26.03.2004 to the petitioners calling upon them to perform their part of the contract. For the said notice, the petitioners have issued a reply notice dated 24.04.2004, stating that they are ready to execute sale deed only in respect of 41 cents which is equivalent to Rs.4,92,000/-in terms of market value. They have further stated that the rest of the area of the land covered in the sale agreement had been sold away by th







































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