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2022 Supreme(SC) 728

INDIRA BANERJEE, HRISHIKESH ROY
U. N. Krishnamurthy (Since Deceased) Thr. Lrs. – Appellant
Versus
A. M. Krishnamurthy – Respondent


JUDGMENT :

Indira Banerjee, J.

Leave granted.

2. Heard Mr. Krishnan Venugopal learned Senior Advocate appearing with Mr. Mahesh Thakur, AOR on behalf of Appellants and Mr. N.D.B Raju, learned Advocate appearing with Mr. M.A. Chinnasamy, AOR on behalf of Respondent.

3. This Appeal is against a final judgment and decree dated 30th October 2017 passed by the High Court of Judicature at Madras, dismissing the Appeal Suit No. 262 of 2011 filed by the Appellants and confirming a judgment and order and decree dated 30th November 2010 passed by the Principal District Judge, Krishnagiri, hereinafter referred to as “the Trial Court” in Original Suit No. 30 of 2005 filed by the Respondent Plaintiff, for specific performance of an agreement for sale of the suit property.

4. In the plaint, it is pleaded that the original Defendant U.N. Krishnamurthy’s father, U.R. Narasaiah had executed a will on or about 9th May 1984, bequeathing the suit property to the original Defendant, U.N. Krishnamurthy (since deceased). After the death of his father, U.R. Narasaiah, on 25th April 1987, the original Defendant U. N. Krishnamurthy became the absolute owner of the suit property.

5. It is the case of the Appellant

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