HIGH COURT OF MADRAS
Hon`ble Mr.Justice P.VELMURUGAN
THIRUCHIRAPPALLI DISTRICT – Appellant
Versus
MAHABOOB ASLAM – Respondent
JUDGMENT
The appellants as plaintiffs, filed a suit in O.S.No.331 of 2004 on the file of the Additional District Judge, Fast Track Court No.II, Tiruchirappalli, against the respondents/defendants for the relief of specific performance and for return of a sum of Rs.6,240/- which has been paid in excess of the actual sale price or in the alternative for return of sale consideration of Rs.7,95,000/- with 12% interest per annum. After trial, the trial Court, by judgment and decree dated 10.05.2006, dismissed the suit. Aggrieved by the said judgment and decree, the plaintiffs as appellants have filed this appeal. 2. Brief averments stated in the plaint are as follows:-
The plaint schedule properties are the absolute properties of the defendants 1 to 4 and their father Late Usman Ali. In the year 1992, for the purpose of acquiring the suit properties on behalf of the members of the 1st plaintiff society, the plaintiffs approached the defendants 1 to 4 and Usman Ali and they agreed to sell the suit properties to an extent of 6.26 acres at the rate of Rs.1,26,000/- per acre on 20.03.1992. A sale agreement was entered into by the parties on 20.03.1992, on which date, the plaintiffs paid init
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