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2018 Supreme(Mad) 2197

R.SUBBIAH, C.SARAVANAN
V. Indirani – Appellant
Versus
P. R. Balakrishnan – Respondent


Advocates Appeared:
For the Appellant : Mr. T. Murugamanickam, Senior Counsel for M/s. Zeenath Begum.
For the Respondents: Mr. N. Manoharan.

JUDGMENT :

R. SUBBIAH, J.

1. The appeal has been filed against the judgment and decree dated 31.10.2012 in O.S.No.273 of 2007 passed by the 1st Additional District Court at Erode.

2. The appellants herein are the defendants 1 & 2 in O.S.No.273 of 2007 before the Trial Court. The said suit was filed by the 1st respondent herein/plaintiff for specific performance directing the appellants/defendants 1 & 2 to execute a registered sale deed in respect of the suit schedule property, after measuring and fixing the exact extent of the land as per the terms of the sale agreement dated 22.09.2005, free from all encumbrances, and to deliver possession thereof to him.

3. For the sake of convenience, hereinafter the appellants herein will be referred to as the defendants, the 1st respondent herein will be referred to as the plaintiff and the 2nd respondent herein/3rd defendant viz., the State Bank of India will be referred to as 'SBI'.

4. The facts of the case of the plaintiff inter alia are as follows_

4-1. The 1st defendant is the owner of the suit property by virtue of a registered partition deed dated 20.02.1989 and the 2nd defendant is the son of the 1st defendant. The defendants agreed to sell




































































































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