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2017 Supreme(Mad) 2138

R.SUBRAMANIAN
Babulal Tater – Appellant
Versus
Harakh Chand J. – Respondent


Advocates Appeared:
For the Appellants : Mr. P.K. Siva Subramanian
For the Respondents: Mr. P.B. Balaji

JUDGMENT :

Defendants 3, 4, 5 and 6 in OS No.12883 of 1996 and OS No.1356 of 1997 are the appellants in the present appeals.

1. The case of the Plainitff in OS.No.12883 of 1996:

2. The suit in OS.No.12883 of 1996 was filed seeking specific performance of an agreement dated 27.08.1990 entered into between defendants 1 and 2 and the plaintiff. There is also a prayer to declare the sale deeds dated 17.11.1995 executed by defendants 1 and 2 in favour of defendants 3 to 6 as null and void. O.S. No.1356 of 1997 is also a suit which was filed by the plaintiff in O.S. No.12883 of 1996, seeking a permanent injunction restraining the defendants from alienating the property.

3. According to the plaintiff, defendants 1 and 2 agreed to sell an extent of One ground and 1250sq.ft. out of 2 grounds and 553sq.ft. for a consideration of Rs.6,25,000/- and Rs.2,00,000/- was paid as advance and the balance of Rs.4,25,000/- was agreed to be paid to the State Bank of India, in discharge of the loan borrowed by the defendants 1 and 2. As per the agreement a period of 3 months was fixed for the performance of the contract. The agreement also provides that the period could be extended. In the meantime a suit wa


































































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