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2019 Supreme(Mad) 2497

T.RAVINDRAN
T. Annammal – Appellant
Versus
K. R. Menan (deceased) – Respondent


Advocates:
Advocate Appeared:
Hema Sampath, M/s. S. Saravanan, Krishna Prasad, M/s. Sarvabhauman, R.R. Pradheep, M/s. S.S. Sethuraman.

JUDGMENT :

T. RAVINDRAN, J.

Prayer: First Appeals filed under Section 96 of Civil Procedure Code, to set aside the judgment and decree of the Additional District cum Sessions Court (Fast Track Court No. I) at Coimbatore dated 16.04.2009 in O.S. No. 57 of 2007.

1. A.S. No. 884 of 2009 filed by the first defendant and A.S. No. 979 of 2009 filed by the plaintiffs are directed against the judgment and decree dated 16.04.2009 passed in O.S. No. 57 of 2007 on the file of the Additional District and Sessions Court (Fast Track Court No. 1), Coimbatore.

2. For the sake of convenience, the parties are referred to as per their rankings in the trial court.

3. Suit for specific performance, declaration and permanent injunction.

4. The case of the plaintiffs, in brief, is that the plaintiffs are the husband and wife and the suit property belongs to the first defendant and the plaintiffs decided to purchase the suit property and after mutual discussions, the sale price was fixed at Rs. 15,50,000/- and following the same, the plaintiffs paid an advance amount of Rs. 50,000/- by way of cash to the first defendant on 19.01.2006. The first defendant had represented that the original sale deed in respect of

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