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2023 Supreme(Mad) 3351

S. SOUNTHAR
Kamalam – Appellant
Versus
M. A. Abdul Rahman – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.D.Shivakumaran
For the Respondent: Mr.K.R.Sankaran for M/s.K.S.Karthik Raja

JUDGMENT :

THE HONOURABLE MR. JUSTICE S.SOUNTHAR

Prayer:- Appeal Suit is filed under Section 96 of Civil Procedure Code, praying to set aside the judgement and decree dated 22.11.2016 in O.S.No.21 of 2016 on the file of the IV Additional District Court, Coimbatore.

The unsuccessful defendants 1 and 2 are the appellants. The respondents 1 to 4 herein and one V.M.Abdul Wahab/plaintiffs filed a suit for specific performance and the same was decreed. Aggrieved by the same, the present appeal has been filed by the defendants 1 and 2.

2. For the sake of convenience, the parties are referred to as per the ranking in the suit.

Plaint Averments:-

3. The defendants 1 and 2 are the absolute owners of the suit property, which is 1.58 acres of vacant land. The plaintiffs entered into a registered Sale Agreement with defendants 1 and 2 and husband of 1st defendant and father of 2nd defendant-Muthu on 08.04.2005 agreeing to purchase the suit property for a total sale consideration of Rs.11,50,000/-. On the date of agreement, an advance amount of Rs.6,00,000/- was paid to the defendants 1 and 2. The time fixed for completion of sale transaction was six months. The plaintiffs have been always ready and w

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