KRISHNAN RAMASAMY
Vijayalakshmi – Appellant
Versus
A. Ganesan (died) – Respondent
JUDGMENT
The appellant is the defendant in the suit in O.S.No.412 of 2002 on the file of the Subordinate Court, Periyakulam. The deceased first respondent is the plaintiff in the above suit.
2. The first respondent, who is the plaintiff in the suit has passed away and his legal representatives are brought on record as respondents 2 to 8.
3. The suit was filed by the deceased first respondent / plaintiff seeking for equitable relief of specific performance and permanent injunction restraining the appellant / defendant from alienating or encumbering the suit properties.
4. The case of the plaintiff is that the suit properties belong to the defendant. The defendant agreed to sell the properties to the plaintiff for a sale consideration of Rs.2,00,000/- and both parties registered a Sale Agreement dated 21.05.1998. On that day itself, the defendant received a sum of Rs.1,75,000/- as advance. As per the Sale Agreement, the defendant should receive the balance amount of Rs.25,000/- within a period of two and half years i.e., on or before 21.11.2000 from the plaintiff and execute a Sale Deed in favour of the plaintiff or the persons mentioned by the plaintiff at the cost of the plaintiff.
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