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CASE NO.:

Appeal (civil) 6764 of 2001

PETITIONER:

Guruswamy Nadar

RESPONDENT:

P.Lakshmi Ammal(D) through LRs. & Ors

DATE OF JUDGMENT: 01/05/2008

BENCH:

A.K.MATHUR & LOKESHWAR SINGH PANTA

JUDGMENT:

J U D G M E N T

CIVIL APPEAL NO.6764 OF 2001

A.K. MATHUR, J.

1. This appeal is directed against the order dated

19.10.2000 passed by the Division Bench of the Madras High

Court whereby the Division Bench has dismissed the appeal

affirming the judgment and decree passed by learned Single

Judge. Hence the present appeal.

2. Brief facts which are necessary for disposal of this

appeal are a suit for specific performance was filed on the

basis of an agreement for sale dated 4.7.1974 under which

the first defendant in the suit had through her husband and

power of attorney holder contracted to sell a house property

in sum of Rs.30,000/-. A sum of Rs.5,000/- was given as

advance and the remaining Rs.25,000/- was to be paid before

31.7.1974. The said amount was not paid by 31.7.1974. The

owner again sold the suit property to the appellant herein

on 5.5.1975 for a sum of Rs.45,000/- and possession in

question