H. Murugan VS John Samuel

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

T. V. THAMILSELVI
H. Murugan – Appellant
Versus
John Samuel – Respondent

Advocates:
Counsel for the Parties:
For Appellants in A.S.No.674 of 2017 :Mr. R. Singgaravelan, Senior Advocate for Mr. Govi Ganesan
For Respondents in A.S.No.674 of 2017: Mr. K.V. Babu for R1, Mr. R. Asokan for R2, Mr. C.R. Malarvannan for R3
For the Appellant in A.S.No.357 of 2018: Mr. R. Asokan
For the Respondents in A.S.No.374 of 2018: Mr. K.V. Babu for R1, No appearance for R2 to R5
For the Appellant in A.S. No.647 of 2018: Mr. C.R. Malarvannan
For the Respondents in A.S. No.647 of 2018: Mr. K.V. Babu for R1, No appearance for R2 to R5

JUDGMENT (COMMON)

The appellants in A.S.No.674 of 2017 are the defendants 2 to 4/ legal heirs of deceased original defendant Murugan in the suit in O.S.No. 309 of 2006. The appellants in A.S.Nos. 357 & 647 of 2018 are the defendants 5 and 6 in the suit in O.S.No. 309 of 2006 and they are the purchasers of the suit property pending proceedings. All these Appeal Suits have been filed challenging the findings given by the trial judge in the suit filed by the 1st respondent/plaintiff in O.S.No.309 of 2006 on the file of Addl. District Judge, Kancheepuram District at Chengalpattu.

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

3. Before the trial court, the 1st respondent/plaintiff filed a suit for the relief of specific performance directing the original defendant Murugan to execute the sale deed as per the sale agreement dated 30.04.2006 entered between them in respect of suit property as prescribed in the suit schedule property with alternative remedy of refund of advance amount of Rs.9,00,000/- with interest at the rate of 18% along with a compensation of Rs.25,000/- as per the terms of agreement. When the original defendant Murugan alive, he