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2021 Supreme(Mad) 1433

G.JAYACHANDRAN
Jagavirshingh D. Chudasama – Appellant
Versus
S. Rangasamy – Respondent


Advocates:
Advocate Appeared:
For the Appellant :N. Manokaran, Advocate
For the Respondents:P. Valliappan, Advocate

JUDGMENT :

Dr. G. Jayachandran, J.

(The case has been heard through Video Conferencing)

1. The Suit under Appeal was filed before the Principal Sub-Court, Erode and numbered as O.S. No. 679/1998. Later transferred to Fast Track Court, Erode and renumbered as O.S. No. 11/2004.

2. The Suit initially filed against the sole Defendant Dhandapani for Specific Performance of the Agreement to Sell the immovable property morefully described in the plaint schedule or in alternate to repay the advance amount of Rs. 6,00,000 with interest and for creation of charge over the Suit property till its realisation. Later, the Plaint was amended and Defendants 2 to 7 were impleaded. After trial, the Court below, granted the alternate relief viz., refund of advance money of Rs. 6,00,000 with 6% Interest payable from 30.10.1997 till the date of realisation. It directed the First Defendant to pay the Suit claim to the Plaintiffs and created charge over the Suit property to the extent of the Plaintiffs' share in it. The Defendants 5 to 7 in the Suit are the Appellants herein. They are the purchasers of the Suit property from the First Defendant under two Sale Deeds subsequent to the Suit Sale Agreement.

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