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2004 Supreme(Mad) 722

S.SARDAR ZACKRIA HUSSAIN
Kannuperumal & Another – Appellant
Versus
Suseela & Others – Respondent


Advocates Appeared: For The Appellants:J.R.K. Bhavananthan, Advocate. For The Respondents:R1 to R3, Maninarayanan, Advocate.

Judgment :-

The plaintiff 2 and 4 in O.S.No.72 of 1995 on the file of the Additional Sub Court, Tindivanam are the revision petitioners. The revision is directed against the dismissal of I.A.No.353 of 2003 filed by the revision petitioners under Order I, Rule 10 C.P.C. to transpose the plaintiffs 1 and 3 as defendants 4 and 5 in the suit. The petition was dismissed on 18.2.2004.

2. The revision petitioners along with the respondents 4 and 5 herein filed the suit against the defendants 1 to 3, viz., the respondents 1 to 3 herein for specific performance of the agreement of sale dated 20.3.1995 and in the alternative to refund the advance amount of Rs.20,000/- with interest at 18%. The first defendant is the mother and the defendants 2 and 3 are her sons. The first defendant got the suit properties allotted to her share in the partition between her and her sisters. The agreement of sale was entered into between the plaintiffs 1 to 4 and the defendants 1 to 3 on 20.3.1995 for sale of the suit properties by the defendants 1 to 3 for Rs.1,20,000/- and accordingly Rs.20,000/- was paid by way of advance on the day of agreement of sale. The defendants 1 to 3 is to execute the sale deed with
















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