R.SUBRAMANIAN
N. K. Abubacker – Appellant
Versus
A. K. Zainuddin (Deceased) – Respondent
All the above appeals arise out of the O.S.Nos.9345 of 1988; O.S.No.2722 of 1988; O.S.No.8094 of 1998 and O.S.No.2563 of 1988 on the file of the IV Assistant, City Civil Court, Chennai as all the suits were disposed of by a common judgment dated 5.1.1994. Since all the suits are related to the same properties and the disputes are between the same parties, the above appeals have also been heard together.
2. The suit in O.S.No.2722 of 1988 is filed by the appellant seeking specific performance of an agreement of sale entered into during December 1976. The plaintiff had contended that the defendants 1 to 3, who are owners of the property had agreed to sell the property measuring about 4630 sq.ft. situated at Municipal Door No.3/129, New No.135, Dr. Natesan Road, Triplicane for consideration of Rs.30,000/- per ground along with the tiled superstructure. The plaintiff had paid an advance amount of Rs.11,000/- at the time of execution of the agreement. It had been also agreed that the balance sale price would be paid at the time of execution of sale deed.
3. The plaintiff f
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