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2008 Supreme(Mad) 740

G.RAJASURIA
A. Ramanathan Chetthiar – Appellant
Versus
R. Ranganayaki – Respondent


Advocates Appeared:
For the Appellant:M.C. Swamy, Advocate.
For the Respondents:R3, N. Dilipkumar, Advocate.

Judgment :-

This appeal has been filed against the judgment and decree dated 15.12.1992 in O.S.No.50 of 1989 on the file of the Subordinate Judge, Devakottai, PMT District.

2. The parties, for convenience sake, are referred to hereunder according to their litigative status before the trial Court.

3. Broadly but briefly, narratively and precisely, the case of the plaintiff as stood exposited from the plaint, could be portrayed thus:

The plaintiff and the first defendant entered into the agreement to sell as per Ex.A.1 dated 20.03.1989, whereby the latter agreed to sell in favour of the former the suit immovable property described in the schedule of the plaint for a sale consideration of Rs.1,00,000/- (Rupees One Lakh only) and a sum of Rs.20,000/- was paid by the former to the latter as advance. The time stipulated was upto 13.05.1989. Owing to factors beyond the plaintiffs control, the sale deed could not be got executed in his favour and thereupon, by mutual agreement, time was got extended upto 13.07.1989. On 13.07.1989, the plaintiff was present at the Sub-Registrars Office concerned, but the first defendant did not turn up and thereby the sale deed could not be got executed in





























































































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