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2023 Supreme(Mad) 2284

A. D. JAGADISH CHANDIRA
Kumarasamy – Appellant
Versus
P. Subramaniyam – Respondent


Advocates appeared:
For the Appellants:M. Guruprasad, Advocate. For the Respondent: No Appearance.

JUDGMENT

(Prayer: Second Appeal filed under Section 100 C.P.C., against the judgment and decree dated 31.03.2022 made in A.S.No.24 of 2019 on the file of Additional District Judge, Namakkal, confirming the judgment and decree dated 31.01.2019 made in O.S.No.293 of 2008 on the file of Sub Court, Tiruchengode.)

1. The unsuccessful defendants, who lost their case before the lower appellate Court as well as trial Court, have filed the present second appeal.

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

3. The case of the plaintiff is as under:-

The suit properties are the ancestral properties of the defendants. The respondent/plaintiff and the appellants/defendants are relatives. The defendants entered into an agreement of sale (Ex.A1) with the appellants/ defendants on 01.06.2005 for a sale consideration of Rs.2,05,000/- in respect of suit property and the plaintiff has also paid the sale consideration of Rs.25,000/- as an advance and the possession of the suit property was also delivered to him on that day itself agreeing to execute the sale deed in favour of the plaintiff within six months from the date of receipt

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