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2013 Supreme(Mad) 1561

S.PALANIVELU
Sarojini – Appellant
Versus
N. A. Kandaswamy – Respondent


Advocates Appeared:
For the Appellants:Mrs. P.T. Asha for M/s. Sarvabhuman Associates, Advocates.
For the Respondents:T.R. Rajagopalan Senior Counsel for M/s. R.R. Rajaraman, Advocate.

JUDGMENT

1. The following are the averments contained in the plaint filed in O.S.No.634 of 2004:

1.(a) Plaintiff entered into an agreement of sale with the defendants on 29.11.1996 by and under which the defendants agreed to sell the property more fully described in the plaint schedule to the plaintiff for a sum of Rs.7,30,000/-. On the date of the agreement itself the plaintiff paid a sum of Rs.1,50,000/-which the defendants received and acknowledged receipt of the same in the agreement of sale itself. On the same day the defendants also delivered into the hands of the plaintiff the original registered will dated 17.12.1975 executed by one Subbanna Goundar, and also copies of chitta, adangal and encumbrance certificate relating to the suit property. They also delivered into the hands of the plaintiff a registration copy of a document of Exchange (Doc.No.700/65) and a Heirship certificate. As per the agreement, the time stipulated for the completion of the sale is four months, which expires with effect from 29.3.1997. The plaintiff has always been and is ready and willing to purchase the property from the defendants after paying the balance sale consideration and getting the sale de





































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