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2018 Supreme(Mad) 2576

V.M.VELUMANI
A. G. Venkatachalam – Appellant
Versus
P. Ganesan – Respondent


Advocates Appeared:
For the Appellant : Mr. N. Manokaran
For the Respondent: Mr. L. Mouli, Mr. T. Murugamanickam Senior Counsel for M/s. Zeenath Begum

JUDGMENT :

This Second Appeal has been filed against the judgment and decree dated 22.06.2017 made in A.S.No.20 of 2015 on the file of the Fourth Additional District Court, Erode District at Bhavani confirming the judgment and decree dated 21.09.2015 made in O.S.No.42 of 2008 on the file of the Sub Court, Bhavani.

2. The appellants are the plaintiffs and the respondents 1 to 10 are the defendants 1 to 6 and 8 to 11 in O.S.No.42 of 2008 on the file of the Sub Court, Bhavani. The appellants filed the said suit for specific performance of agreement of sale dated 29.06.2006 or in alternative for return of advance amount of Rs.2,25,000/- paid by them together with interest. Originally, the suit was filed against the respondents 1 to 7 and one Latha w/o N. Kumar. Subsequently, the respondents 8 to 10 were impleaded as defendants 10 & 11. Pending appeal, the 7th defendant Latha died. The present Second Appeal is against the defendants 1 to 6 and defendants 8 to 11.

2(a) According to the appellants, originally the second appellant was the owner of the suit property. He purchased the properties by deed of sale dated 16.05.1990. He sold the property to the respondents 1 & 6 on 22.04.1996. The s












































































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