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2017 Supreme(Mad) 3686

R.SUBBIAH, M.S.RAMESH
R. LEELA AMMAL – Appellant
Versus
V. GOPAL – Respondent


Advocates Appeared:
For the Appellant : Mr. V. Raghavachari
For the Respondent: Mr. R. Abdul Mubeen

JUDGMENT :

R. Subbiah, J.

The defendant has come forward with this appeal as against the Judgment and Decree dated 31.03.2011 passed in O.S. No. 10 of 2010 on the file of the learned Additional District and Sessions Judge (Fast Track Court) Vellore by which the Court below decreed the suit filed by the plaintiff for specific performance of the agreement dated 05.04.2008.

2. For easy reference, the parties are referred to in this appeal as per their rank in the suit.

3. As per the averments contained in the plaint, the suit property is the absolute property of the defendant/appellant. She obtained the said property in the auction sale conducted in E.P. No. 458 of 1993 in O.S. No. 661 of 1975 as Plaintiff/Decree Holder on the file of the Court of Additional District Munsif, Vellore. The defendant has been in possession and enjoyment of the suit property by obtaining a separate Patta bearing No. 1263 and Patta passbook bearing No. 353026 issued by the Tahsildar, Vellore. On 05.04.2008, she entered into an agreement of sale with the plaintiff not only on her own accord but also with the knowledge and consent of her brother P. Shanmugam and her sister P. Vanaja and one D. Jayaprakash, son o






















































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