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2015 Supreme(Mad) 2103

R.MALA
Chikkannan (Died) – Appellant
Versus
A. R. Perumal (Deceased) – Respondent


Advocate Appeared:
For the Appellants:V. Raghavachari for M.A.P. Thangavel, Advocates.
For the Respondents:R1, Died, R2 to R4, K. Raman, R5 & R6, I.C. Vasudevan, Advocates.

Judgment :

1. The second appeal arises out of the judgment and decree dated 26.07.2005 made in A.S.No.55 of 1990 on the file of the Principal Sub-Court, Gobichettipalayam and reversing the judgment and decree dated 16.09.1989 made in O.S.No.401 of 1981 on the file of the Additional District Munsif Court, Gobichettipalayam, Erode District.

2. The averments made in the plaint are as follows:-

(i) The suit property belongs to the first defendant and the defendants wanted to sell the property. The plaintiffs were in the look out for the purchase of the property. Both parties agreed for the said course fixing the sale consideration of Rs.8,000/-and entered into an agreement on 29.06.1977. The first defendant entered into a sale agreement on behalf of himself and the minors/defendants 2 and 3 and received Rs.1,500/- from the plaintiffs on the date of agreement. It was also agreed that if the plaintiffs paid the balance of sale price of Rs.6,500/- before the 15th Thai namely, 28.01.1978, the first defendant would receive the amount and execute a sale deed for himself and as guardian for the minor defendants 2 and 3 in favour of the plaintiffs. The plaintiffs were also put in possession of t






















































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