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2017 Supreme(Mad) 1131

S.S.SUNDAR
Balakrishnan – Appellant
Versus
B. Veni – Respondent


Advocates Appeared:
For the Appellants : Mr. M.P. Senthil
For the Respondent: Mr. A. Arumugam for T. Selvan

JUDGMENT :

This appeal has been filed by defendants 2 to 9 in the suit in O.S.No.11 of 2010 on the file of the Additional District Court (Fast Track Court-II), Tirunelveli. The first respondent in this appeal, as plaintiff, filed a suit in O.S.No.11 of 2010 for specific performance of an agreement of sale and for consequential relief.

2. The suit properties are described in three items. Items 1 and 2 are landed properties each measuring an extent of 44 cents in Survey No.124 in Chathiram Puthukulam Village, Tirunelveli Taluk. Item No.3 is a small well located in the first item of suit property. During the pendency of the suit, the first defendant in the suit died and hence, respondents 10 to 15 were impleaded as the legal representatives of the deceased first defendant.

3. The case of the plaintiff/first respondent herein are as follows:

3.1. Originally, the defendants 1 to 3 entered into a sale agreement on 30.04.2005 agreeing to sell the suit property and another property measuring an extent of 48 cents in Survey No.81 in the same village for consideration at the rate of Rs.18,000/- per cent. On the date of agreement, a sum of Rs.3,00,000/- was paid as advance. Since the defendants 1





















































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