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2017 Supreme(Mad) 1675

R.SUBBIAH, A.D.JAGADISH CHANDIRA
R. Selvam – Appellant
Versus
A. Jenix Dev Singh – Respondent


Advocates Appeared:
For the Appellants : Mr. V.Manohar
For the Respondents: Mr. V.Raghavachari for I.Davidsingh

JUDGMENT :

R.SUBBIAH, J.

The appellants herein are the defendants 1 & 2 and the 1st respondent herein is the plaintiff and the 2nd respondent herein is the 3rd defendant in the suit in O.S.No.144 of 2008 on the file of the learned Additional District Judge (FTC-II), Poonamallee. The said suit was filed by the 1st respondent herein/plaintiff for specific performance, directing the appellants herein/defendants 1 & 2 to execute the Sale Deed in favour of him in respect of the suit property, after receiving the balance sale consideration of Rs.13,58,000/- from the plaintiff or in alternative, the Court shall execute the sale deed. The Trial Court has decreed the suit vide the judgment and decree dated 09.06.2011, against which the defendants 1 & 2 have come forward with the present appeal.

2. For the sake of convenience, the parties shall be referred to as per rankings in the suit, as plaintiff and the defendants.

3. The facts of the case of the plaintiff are as follows –

The 2nd defendant is the husband of the 1st defendant. The suit schedule property originally belonged to the defendants 1 & 2. The plaintiff and the 2nd defendant entered into an Agreement of Sale on 22.01.2005, under whic































































































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