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2016 Supreme(Mad) 2566

A.SELVAM, P.KALAIYARASAN
P. Sakunthala – Appellant
Versus
N. A. Rajendran – Respondent


Advocates Appeared:
For the Appellants : Mr. V. Radhakrishnan, Senior Counsel for Mr. S. Kadarkarai.
For the Respondents: Mr. T.R. Rajagopalan, Senior Counsel for Mr. D. Ravichandran.

JUDGMENT :

A. SELVAM, J.

1. This Appeal Suit has been directed against the judgment and decree dated 28.1.2012, passed in O.S. No. 553 of 2008, by the Additional District/Fast Track Court, No. II, Coimbatore.

2. The respondent herein, as plaintiff, has instituted O.S. No. 553 of 2008, on the file of the trial Court, praying to cancel the sale deed dated 20.02.2006, executed by the first defendant in favour of defendants 2 and 3 and for directing the first defendant to execute a Sale Deed in favour of the plaintiff, in pursuance of sale agreement, dated 20.08.2000 and alternatively to grant a money decree against the first defendant for a sum of Rs.11,40,000/- and also for passing permanent injunction against defendants 2 and 3 from making encumbrance in respect of the suit property.

3. In the plaint it is averred that the suit property is the absolute property of first defendant and she purchased the same under a registered Sale Deed, dated 11.7.1980. The plaintiff and first defendant have entered into the suit sale agreement on 20.08.2000, wherein, the sale consideration has been fixed at Rs.18,75,000/- and on the date of execution of sale agreement, the first defendant has received a


























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