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1993 Supreme(Mad) 5

SRINIVASAN, THANGAMANI
The Kancheepuram Kamakshi Amman Silk Handloom Weavers Co-operative Production and Sale Society Limited – Appellant
Versus
Yamuna Bai and others – Respondent


Advocates Appeared:
V.Chandrakanthan, for Appellant.

Judgment :-

Srinivasan, J.

The plaintiff, which is a co-operative society has filed this appeal. The suit is one for specific performance of an agreement dated 26.10.1976 under Ex.A-1 entered with the plaintiff by one Radhakrishnan. Under the terms of the agreement, the consideration was fixed as Rs.1,04,000 and an advance of Rs.5,000 is said to have been paid. The time for completion of the transaction was agreed to be three months. In other words, it was to be completed before 25.1.1977. On 16.11.1976, the said Radhakrishnan gave a letter to the plaintiff stating that he signed the agreement without knowing the contents when the members of the society compelled him to sign the same. According to him, he was not having a steady mind at that time and after he returned to his house, the members of his family expressed the dissent to the transaction. He prayed for cancellation of the agreement.

2. On 20.11.1976, the Board of Directors passed two resolutions, one deciding to apply for sanction to purchase the property to the concerned authority viz., The Director of Handlooms and Textiles and the other to apply for loan from the Provident Fund kept in deposit with the Central Co-opera










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