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2017 Supreme(Mad) 3748

R.SUBBIAH, M.S.RAMESH
S. Deivanai – Appellant
Versus
V. M. Kothandaraman – Respondent


Advocates Appeared:
For the Appellants : Mr. M.S. Krishnan for Mr. M. Gopinath.
For the Respondent: Mr. K. Sukumaran.

JUDGMENT :

R. Subbiah, J.

1. The appellants herein are the defendants 1, 2, 4 and 5 in O.S. No. 40 of 2009 on the file of the learned III Additional District Judge at Puducherry. The said suit was filed by the 1st respondent herein/plaintiff for specific performance, directing the defendants to execute the sale deed in respect of the suit schedule property in favour of the plaintiff on receipt of the balance sale consideration of Rs. 1,15,98,000/- in alternative, the court shall execute the sale deed.

2. During the pendency of the suit, the 3rd defendant S. Dhandapani died on his demise, his wife and son were brought on record as Defendants 6 and 7 as his legal heirs. The Trial Court decreed the said suit by judgment and decree dated 20.11.2014, against which the defendants have come forward with the present appeal.

3. Even before the present appeal being numbered, the defendants 6 and 7 have sold their share in the suit schedule property in favour of the plaintiff; hence, the defendants 6 and 7 have been transposed in this appeal as Respondents 2 and 3.

4. For the sake of convenience, the parties will be referred to as per their ranking in the suit as plaintiff and the defendants.

5. Th


























































































































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