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2023 Supreme(Mad) 3334

S. SOUNTHAR
Kasi – Appellant
Versus
Sagunthala Ammal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : N. Manokaran.
For the Respondent: K.A. Mariappan.

JUDGMENT :

S. SOUNTHAR, J.

Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code, to set aside the judgment and decree dated 22.01.2016 made in A.S. No. 4 of 2015 on the file of the learned Sub-Court, Cheyyar confirming the judgment and decree dated 22.03.2013 made in O.S. No. 284 of 2009 on the file of the learned Principal District Munsif Court, Cheyyar.

1. The defendants 1, 2 and 4 are the appellants. The 1st respondent herein filed a suit for specific performance of an unregistered agreement dated 04.03.1993. The suit was decreed by the Trial Court and the findings of the Trial Court were affirmed by the first Appellate Court. Aggrieved by the concurrent findings, the appellants are before this Court.

2. According to the 1st respondent/plaintiff, she entered into suit sale agreement on 04.03.1993 with her father one Kannappa Naidu and her brothers Kasi and Duraikannu, the appellants 1 and 2 herein. As per the terms of agreement, the sale consideration was fixed at Rs. 7,000/- and an advance amount of Rs. 5,000/- was paid on the date of agreement. The time fixed for payment of the balance amount was two months. It was further averred by the 1st respondent that ba

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