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2008 Supreme(Mad) 4371

G.RAJASURIA
N. Balammal – Appellant
Versus
Perinbamuthu – Respondent


Advocates appeared:
For the Appellant :Issach Mohanlal, Advocate.
For the Respondents:C. Godwin, Advocate.

JUDGMENT

Both the above second appeals are focussed as against the common Judgment and Decrees dated 28.09.2001 passed in A.S. Nos. 26 and 27 of 2001 by the Principal District Court, Kanyakumari District at Nagercoil in reversing the common Judgment and Decrees, dated 16.11.2000 passed in O.S.Nos.834 of 1991 and 884 of 1986 by the Additional District Munsif Court, Nagercoil.

2. The parties, for convenience sake, are referred to hereunder according to their litigative status before the trial Court in O.S.No.884 of 1986.

3. The epitome and the edifice of the case of the plaintiffs in O.S.No.884 of 1986 (S.A.No.478 of 2002) which is a suit for specific performance of agreement to sell, as stood exposited from the averments in the plaint could be portrayed and parodied thus: The first plaintiff and the first defendant entered into an agreement to sell whereby the latter agreed to sell in favour of the former an extent of 14 1/2 feet from east to west and 8 1/2 feet from south to noth, in S.No.1529-A, Nagercoil, for a sale consideration of Rs.1,250/- (Rupees One Thousand Two Hundred and Fifty only). In connection with the same, a sum of Rs.500/- was received by the first defendant f




































































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