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2023 Supreme(Mad) 3320

S. SOUNTHAR
Pappa – Appellant
Versus
Gandhimathi – Respondent


Advocates:
Advocate Appeared:
For the Appellants : P. Valliappan, S.M.S. Shriram Narayanan.
For the Respondent: N. Manokaran.

JUDGMENT :

S. SOUNTHAR, J.

Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree of the Sub-Ordinate Judge at Kallakurichi dated 30.06.2014 in A.S. No. 52 of 2012 confirming the judgment and decree of the I Additional District Munsif Court at Kallakurichi dated 18.01.2012 in O.S. No. 226 of 2006.

1. The unsuccessful plaintiffs in a suit for specific performance is the appellants. The suit was dismissed by the Trial Court in respect of the main relief of specific performance and suit was decreed in respect of alternative relief for return of advance amount. Aggrieved by the same, the plaintiffs preferred an appeal and the First Appellate Court also confirmed the findings of the Trial Court. Hence, the plaintiffs are before this Court.

2. According to the appellants/plaintiffs, the property covered by suit agreement originally belonged to 1st respondent's husband and father of respondents 2 to 4 Velusamy. After death of Velusamy, the respondents/defendants succeeded to his estate and they had been enjoying the property. The 1st respondent, mother of other respondents was acting as Manager of the family. The suit sale agreement was ente

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