V. Ramasubramanian

The plaintiffs in O.S.No.82 of 2008 on the file of the I Additional District and Sessions Court, Tiruchirappalli, are the appellants herein. They have come up with the present regular appeal against the judgment and decree of the trial Court dated 10.1.2009, rejecting their prayer for specific performance of an agreement of sale of immovable property, but granting a decree for refund of advance amount together with interest at 15% per annum with annual rests and proportionate costs.

2. We have heard Mr. T.R. Rajagopalan and Mr. AR.L. Sundaresan, learned Senior Counsel appearing for the appellants, Mr.T.V.Ramanujun, learned Senior Counsel appearing for the respondents 1 to 3 and Mr.V.T. Gopalan, learned Senior Counsel appearing for the respondents 4 and 5.

3. The plaint averments, in brief, are as follows:-

(i) That the defendants 1 to 3 represented to the plaintiffs that they are the absolute owners, in possession and enjoyment of the properties of a total extent of 75 acres and 23-1/2 cents in Irungalur and Ayakudi villages of Mannachanallur Taluk, Tiruchirappalli District, described in Schedule 'A' to the plaint;

(ii) That believing the representation