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2017 Supreme(Mad) 941

N.SATHISH KUMAR
T. Vasantha – Appellant
Versus
A. Jayaseelan – Respondent


Advocates Appeared:
For the Appellant : Dr. R.Sampathkumar
For the Respondent: Mrs. Hema Sampath, Senior Counsel for M/s S.Jayakumar

JUDGMENT :

Aggrieved over the decree and judgment of the learned trial Court, decreeing the suit filed for specific performance, the present appeal came to be filed by the Defendants. For the sake of convenience, the parties are arrayed as per their own ranking before the trial Court.

2. Brief facts of the plaintiff's case is as follows:-

The first defendant, the mother of the other defendants, has entered into an agreement with the plaintiffs on 01.12.2005 for sale of the suit property for a total sale consideration of 12.00 lakhs. On the date of the agreement, the defendants have received Rs.40,000/- towards advance sale consideration. The second and fourth defendants also signed in the agreement as witnesses and consented for the sale of the property. As the third defendant was not available on the date of agreement, the other defendants assured that they will obtain her signature. The third defendant also has given her consent on 15.12.2005. Thereafter, the first defendant has also settled the property in favour of the fourth defendant on 15.12.2005 and handed over the settlement deed to the plaintiffs. In the settlement deed the second and third defendants have signed as the witn





























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