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2017 Supreme(Mad) 1811

R.SUBRAMANIAN
S. Kalianna Gounder (Deceased) – Appellant
Versus
S. Periyasamy – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. AR.L. Sundaresan, Mr. C.H. Pandian
For the Respondents: Mr. S. Parthasarathy, Mr. S. Saravanan, Mr. V.K. Vijayaraghavan, Mr. Lakshmi Narayanan, Mr. Ilayaraja, Mr. K. Senthil Kumar, Mr. V. Manoharan

JUDGMENT :

This appeal is filed against the Judgment and Decree dated 30.09.1994 passed OS No.246 of 1990 on the file of the Sub Court, Namakkal. The trial Court decreed the suit with costs payable by the defendants 1 to 5. Aggrieved by the same, the defendants 1 to 5 have come up with this appeal.

2. The respondents 1 to 3, as plaintiffs, have filed the above suit in O.S. No. 246 of 1990 for specific performance of the agreement dated 15.12.1986. The said agreement was entered into between the plaintiffs and the defendants 1, 2, 6, 7, 8 and 9 on their own behalf and on behalf of the minor defendants 3, 4, 5, 6, 10, 11 and 12. Pending appeal, the 1st appellant died and 2nd appellant was recorded as legal representative of the deceased 1st appellant. Appellants 3 to 5 who were minors by then, were declared majors and the 2nd appellant was discharged from the guardianship.

3. Agreeing to convey land measuring an extent of 3.15 acres at the rate of Rs.2,20,000/- per acre, the agreement dated 15.12.1986 came to be executed. The total sale consideration payable by the plaintiffs worked out to Rs.6,93,000/-. On the date of the agreement, the plaintiffs paid an advance of Rs.50,000/- and the
































































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