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1986 Supreme(Mad) 415

V.RAMASWAMI, RATNAM
Kalianna Gounder [died] S/o. Komaraswami Gounder – Appellant
Versus
Kalianna Gounder S/o. Appavu Gounder – Respondent


Advocates appeared:
R. Kesavan Iyengarfor S.K. Rajavelu, S. Muthuswamy, P.R.V.K Venkatasubramanian for Appellant
S.V. Jayaraman for Respondents.

JUDGMENT

RATWAM J: -

1. This appeal at the instance of defendants 6 to 8 in O.S.277 of 1968, Sub-Court, Salem, is directed against the Judgment in A.S.No.79 of 1973 dismissing their appeal preferred against the decree in favour of the 1st respondent herein granting the relief of specific performance in respect of an agreement for sale Ex.A.1 dated 2 7.7.1964 executed by the 2nd respondent herein and his father deceased Chinna Gounder. The properties in question admittedly belonged to Chinna Gounder and the 2nd respondent herein. Under the agreement Ex.A.1 which was also registered on 13.11.1964, the 2nd respondent and his father agreed to sell certain properties to the 1st respondent for a consideration of Rs.14,000 and received Rs. 1,500 by way of advance. The 1st respondent had agreed to discharge certain mortgage and pronote debts due by the 2nd respondent and his father to one Kandasami Gounder amounting to Rs.11,2 72 within one year. The balance of Rs.1,228 was agreed to be paid and received at the time of the execution of the sale deed. According to the case of the 1st respondent, at the instance and instigation of the appellants, in November, 1964, the 2nd respondent and his



























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