JUDGMENT

Chelameswar, J.-Leave granted.

2. The 5 petitioners herein filed O.S.No.100 of 2004, against one Sengoda Gounder, who is not a party to the Special Leave Petition, essentially, for the specific performance of a registered agreement dated 22-03-1995, of sale of the suit scheduled land admeasuring approximately Acs.2-00 and delivery of possession of the same; in the alternative, it was prayed that the defendant be directed to refund the amount of Rs.12,15,125/- with interest, etc.

3. The parties are referred to in this Judgment as they are arrayed in the abovementioned Suit.

4. It is the case of the Plaintiffs that the abovementioned defendant was indebted to one Mr. Radhakrishnan and also to the Tamil Nadu Industrial Investment Corporation Limited (for short ‘TNIIC”). It is alleged in the plaint that Sengoda Gounder wanted to clear the debts to the abovementioned two persons before the property is actually conveyed to the plaintiffs. For the said purpose, Sengoda Gounder collected an amount of Rs.12,15,125/- in instalments from the plaintiffs. In spite of receipt of such payment, Sengoda Gounder did not execute the sale deed, on some pretext or other. Therefore, the Suit.