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2015 Supreme(Mad) 1993

R.MAHADEVAN
M. Pandia Nadar – Appellant
Versus
Sivakamasundari – Respondent


Advocates:
Advocate Appeared:
For the Appellants:Chitra Sampath, SC for T.S. Baskaran, Advocate.
For the Respondents:R2, T.V. Ramanujam, SC for P. Priyaharshini, Advocate, R3 & R4, Died, R5, Not a necessary party.

JUDGMENT

R. MAHADEVAN, J.

1. This Second Appeal has been filed by the Defendants 4 to 6/Appellants herein, who lost their case before both the courts below, against the judgment and decree, dated 17.12.2003, made in AS.Nos.24 and 30/2003, by the learned Principal District Judge, Thiruvallur, confirming the Judgment and decree, dated 11.10.2002, made in OS.No.188/1994, by the learned Subordinate Judge, Thiruvallur. For the sake of convenience and for easy reference, the parties are hitherto described as they were arrayed before the Trial Court.

2. The case of the Plaintiff/1st Respondent herein, as set out in the Plaint, is as follows:-

a. The suit properties belonged to the 1st Defendant, who entered into an agreement of sale with the Plaintiff on 24.2.1987 and the Plaintiff has paid a sum of Rs.1,60,000/- towards the entire sale consideration. Since the Plaintiff has paid the entire sale consideration, time was not treated as the essence of the contract. At that time, the 1st Defendant was under the care and custody of the Plaintiff. The 1st Defendant had decided to construct a Temple at Manavala Nagar and the said ambition was carried out by the Plaintiff by giving her own funds and



























































































































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