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1993 Supreme(Mad) 144

SRINIVASAN, THANGAMANI
Nanjammal (died) and another – Appellant
Versus
Palaniammal – Respondent


Advocates:
Mohan Parasaran, for Appellants. K.Krishnaswami, for Respondent.

Judgment :-

Srinivasan, J.

Defendantis the appellant. The suit is one for specific performance of an agreement dated 29. 1983 evidenced by Ex.A-1. Under the agreement the sale deed was to be executed before 12. 1984. The total consideration was Rs. 1,01,000 and the plaintiff-respondent paid a sum of Rs.15,000 by way of advance. She issued a notice on 21. 1984 under Ex.A-2 and she got information that the defendant was trying to sell away the property. She filed the suiton 2. 1984 for specific performance. The defendant sent a reply on 2. 1984 claiming that there was a loan transaction and by way of security for repayment of the loan the plaintiff insisted upon an agreement of sale being executed by the defendant and therefore, the agreement was not enforceable. It was also the plea raised in the written statement. According to the defendant the loan amount was Rs.15,000 and it was to be repaid in five months with interest at 18 per cent per annum. The trial Court accepted the case of the plaintiff and granted a decree. The said decree is now challenged in this appeal.

2. We find that Ex.A-1 is written by one B.A.Ramasamy Chettiar, Ex-President of D.H.W.C.S.Ltd., Coimbatore who was



















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