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2010 Supreme(Mad) 2971

M.VENUGOPAL
Rasammal (Died) and Others – Appellant
Versus
Pauline Edwin and Others – Respondent


Advocates Appeared:
For the Appellants :C. Chinnaswamy, Senior Counsel for P. Jeyaprakasam, Advocate.
For the Respondent: S. Parthasarathy, Senior Counsel for G. Mohanraj and R. Asokan,
Advocates.

Judgment :

1 The appellants/plaintiffs have preferred this appeal as against the judgment and decree dated 22.12.2000 made in O.S. No. 183 of 1995 on the file of the learned Subordinate Judge, Salem.

2 The trial Court, in its judgment in O.S. No. 183 of 1995 dated 22.12.2000, has, among other things, observed that the plaintiffs have no right to claim the reliefs of specific performance and permanent injunction and dismissed the suit without costs but directed the first defendant to pay a sum of ` 2,00,000/-received as advance to the plaintiffs within two months from the date of Judgment and in case of default, the plaintiffs are directed to pay 6% interest per anuum from the date of Decree till date of payment.

3 The trial Court has framed in all 6 issues for consideration. On behalf of the appellants/plaintiffs, witnesses P.W.1 and P.W.2 have been examined and Exhibits A-1 to A-10 have been marked. On the side of the respondents/defendants, D.W.1 to D.W.3 have been examined and Exhibits B-1 to B140 have been marked. Also, Exhibit C-1-Advocate Commissioner ‘ s Report and Exhibit C-2-Plan have been marked.

4 Aggrieved against the judgment and decree passed by the trial Court in O.S.





















































































































































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