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2006 Supreme(Mad) 1099

A.KULASEKARAN
K. Balaraman & Others – Appellant
Versus
K. Balaraman & Others – Respondent


Advocates Appeared: For the Appellants:C.P. Ramkumar, Advocate. For the Respondents:A. Palaniappan, Advocate.

Judgment :-

(Second appeal under Section 100 CPC against the decree and judgment dated 01.09.1998 made in A.S.No.67 of 1996 on the file of Subordinate Judge, Thiruvallur confirming the decree and judgment dated 18.06.1996 made in O.S.No.874 of 1988 on the file of District Munsif, Thiruvallur.)

The defendants 1, 3, 5 to 10 in O.S. No. 874 of 1988 before the District Munsif Court, Thiruvallur are the appellants in the second appeal. The said suit was filed by respondents herein for specific performance of the agreement dated 20.08.1980 and for permanent injunction. The trial court decreed the suit and on appeal, the first appellate court confirmed the decree and judgment of the trial court, hence, the present second appeal has been filed.

2. For the sake of convenience, the parties shall be referred to as they were arrayed before the trial court.

3. The case of the plaintiffs as set out in the plaint are as follows: -

The first defendant is the absolute owner of the suit property, entered into an agreement, Ex.A1 dated 20.08.1980 with the first plaintiff for total sale consideration of Rs.9,060/- and on that day entire amount was paid. In and by the said agreement, Ex.A1, the first defen



















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