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2013 Supreme(Mad) 3181

P.R.SHIVAKUMAR
K. Shanmugam – Appellant
Versus
C. Samiappan – Respondent


Advocates appeared:
For the Appellants:N. Manokaran, Advocate.
For the Respondents:R1, E. Sampath Kumar, Advocate.

JUDGMENT :

1. The plaintiffs in the original suit are the appellants in the second appeal. They filed the original suit O.S.No.886 of 2001 on the file of the Sub-Court, Erode against the first respondent herein, his father Chinnasamy Gounder and the respondents 3 to 8, for the refund of an advance amount of Rs.2,50,000/- paid under an agreement for sale dated 12.04.1995, together with interest. Learned trial Judge decreed the suit directing the respondents/defendants to pay a sum of Rs.3,94,671.50 together with a pendente lite and post decree interest at the rate of 6% p.a on Rs.2,50,000/- (the amount paid as advance under the agreement for sale), creating a charge over the suit property for the said amount and also directing the defendants to pay costs. On an appeal filed in A.S.No.52 of 2007 on the file of the District Court, Erode by the first respondent/first defendant, the learned lower appellate Judge (First Additional District Judge, Erode) allowed the appeal, reversed the judgment of the trial Court, set aside the decree of the trial Court and dismissed the suit without costs. Hence, the plaintiffs have preferred the present second appeal.

For the sake of convenience, the













































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