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2016 Supreme(Mad) 3892

V.M.VELUMANI
Shanmugavel Nadar (Died) – Appellant
Versus
Kalayana Devadasan – Respondent


Advocates Appeared:
For the Appellant : Mr. S. Meenakshisundaram.
For the Respondents: Mr. A. Arumugam and Mr. P. Mani.

JUDGMENT :

V.M. Velumani, J.

1. This Second Appeal has been filed against the judgment and decree dated 12.07.2002 made in A.S. No. 12 of 1999 on the file of the Sub-Court, Ambasamudram, confirming the Judgment and decree dated 21.12.1998, made in O.S. No. 535 of 1992 on the file of the District Munsif Court, Ambasamudram.

2. The first defendant, who lost in the Courts below, is the appellant. The first respondent is the plaintiff. He filed the suit in O.S. No. 535 of 1992, for specific performance. The respondents 2 and 3 are the daughters and wife of the first defendant. Pending appeal, the appellant/first defendant and the third respondent died. By order dated 16.03.2016, the second respondent, daughter of the first appellant, was transposed as second appellant.

3. For convenience, the parties are referred to as per their rank in the suit in O.S. No. 535 of 1992.

4. Facts of the case:

(i) The first defendant agreed to sell the suit schedule property to the plaintiff for a total sale consideration of Rs. 2,500/- and received a sum of Rs. 1,000/- on 10.03.1989 and executed an agreement of sale and the first defendant handed over possession of the property to the plaintiff on the same














































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