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2007 Supreme(Mad) 4026

K.VENKATARAMAN
P. Sampoornam and Others – Appellant
Versus
L. T. Somasundaram and Others – Respondent


Advocates Appeared:
N. Manoharan, for Appellants.
K. Rajasekar, for Respondents.

Judgment :

K. VENKATARAMAN, J.

Defendants 2 to 6 in O.S. No. 672 of 1996 on the file of the II Additional Subordinate Judge, Erode, are the appellants in the second appeal. The plaintiffs thereon are the respondents herein.

2. The parties in this second appeal, for the sake of convenience, are referred in the same position as they have been referred before the trial Court.

3. The plaintiffs have filed the suit in O.S. No. 672 of 1996 against defendants 1 to 5 before the II Additional Subordinate Judge, Erode, for specific performance of the agreement of sale dated 6.7.1990, to deliver possession or in the alternative, directing the first defendant to pay a sum of Rs. 2,47,478/- to the plaintiffs creating a charge over the suit property and to pay the costs. Pending suit, the first defendant died and his wife has been brought on record as sixth defendant.

4. The averments made in the plaint in nutshell are as follows: The plaintiffs are the brothers. The first defendant is the father of defendants 2 to 5. Subsequent to the demise of the first defendant, his wife, the sixth defendant had also been added as a party. A sale agreement was entered into between the plaintiffs and the de





































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