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2021 Supreme(Mad) 765

T.RAJA, G.CHANDRASEKHARAN
T. Senthilkumar – Appellant
Versus
K. Palanisamy – Respondent


Advocate Appeared:
For the Appellants :N. Manokaran, Advocate.
For the Respondent:M.S. Krishnan, Senior Counsel, Rameshkanna for M/s. Kanna Associates, Advocates.

JUDGMENT :

T. RAJA, J.

(Prayer: First Appeal has been filed under Order 41 Rule 1 read with Section 96 of Civil Procedure Code, against the judgment and decree dated 20.12.2012 passed in O.S.No.9 of 2012 by the learned Principal District Judge, Tiruppur.)

1. The defendants in the suit are the appellants and the plaintiff in the suit is the respondent. The defendants/appellants herein, having suffered the decree for specific performance granted by the learned trial Court in favour of the plaintiff/respondent herein, has filed this first appeal.

2. For the sake of convenience, the parties will be referred to as arrayed in the original suit.

3. Brief facts leading to the filing of this appeal are stated below:

The property in question viz. an extent of 2 acres comprised in S.F.Nos.73/1B and 73/2 in Neruperichal Vilalge, Tirupur Taluk, originally belonged to one N.Ramasamy, son of Nallasamy Gounder, and one P.Thangavelu, father of defendants 1, 3 to 5 and the husband of second defendant as per the sale deed dated 10.03.2003 bearing Document No.1598 of 2003 registered on the file of Sub-Registrar Office, Tiruppur. Subsequently, the said N.Ramasamy sold his share of property viz. 1 acre, with

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