R.SUBBIAH, P.VELMURUGAN
N. Sekaran – Appellant
Versus
C. Rajendran – Respondent
R. Subbiah, J.
1. The appellants herein are the defendants in O.S. No. 30 of 2010 on the file of Principal District Court, Erode. The said suit was filed by the plaintiff/respondent herein for specific performance of the agreement of sale dated 15.02.2009, marked as Ex.A1. By the Judgment and Decree dated 05.07.2012 passed in the said suit, the Court below, while dismissing the suit for specific performance of the agreement dated 15.02.2009, directed the defendants/appellants herein to repay the sum of Rs.28,77,000/- to the plaintiff/respondent herein which was received by the defendants/appellants as advance sale consideration, together with interest at the rate of 12% per annum from the date of agreement namely 15.02.2009 till the date of realisation and a charge is created over the suit properties standing in the name of the first defendant/first appellant herein for the suit amount. Aggrieved by the aforesaid Judgment and Decree dated 05.07.2012, the defendants have come up with the present appeal.
2. For easy reference, the parties shall be referred to as per their litigative status in the suit as plaintiff and defendants.
3. The plaintiff/respondent herein has filed th
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