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2000 Supreme(Mad) 780

K.SAMPATH
Tmt. Nallammal – Appellant
Versus
Dhanshkodi – Respondent


Advocates Appeared:
Mr.K. Mahendran, Advocate for Appellant.
Mr.S. Balasubramanian, Advocate for Respondent.

Judgment :

1. The plaintiff in O.S.No.200 of 1986 on the file of the District Munsif’s Court, Melur, is the appellant in the second appeal. She filed the suit for specific performance of an agreement for sale between herself and the respondent. Her case was as follows: On 25.4.1983 the respondent executed a sale agreement in respect of the suit property in her favour agreeing to sell the property of Rs.6,000 received Rs.5,000 as advance on the date of agreement and further agreed to execute the sale deed in respect of the suit property within a period of three years after receiving the balance amount of Rs. 1,000 from her. It was further agreed that if the respondent failed to execute the sale deed after receiving the balance amount within the stipulated period, he should surrender possession of the property to her. He also further agreed to give half share of the produce from the suit property till he executed the sale deed in her favour. Inspite of the repeated demands made by her, the respondent did not receive the balance of Rs. 1,000 from her and execute to the sale deed. She had always been ready and willing to pay the balance of sale consideration and get the sale deed execut














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