JUDGEMENT

1. The appellants herein are the plaintiffs in O.S.No.190 of 2011 on the file of 'III Additional District Judge, Salem' (henceforth 'Trial Court' for the sake of brevity).

2.For the sake of convenience, henceforth, the parties will be referred to as per their array in the suit i.e., the appellants herein and the respondents herein will be referred to as plaintiffs and defendants respectively.

3.Feeling aggrieved with the judgment and decree dated January 18, 2017, passed by the Trial Court in O.S.No.190 of 2011, the plaintiffs have preferred this Appeal under Section 96 read with Order XLI Rule 1 of ‘Code of Civil Procedure, 1908’ (henceforth ‘CPC’), praying to set aside the aforementioned judgment and decree.

Plaintiffs’ case

4.The case of the plaintiffs is that, the 1st defendant is the father of the 2nd and 3rd defendants. Defendants acquired the Suit Propriety measuring an extent of 46 Cents under a registered Partition Deed dated June 13, 1985.

4.1.On April 24, 2008, the defendants entered into an agreement of sale with the plaintiffs to sell the Suit Property. As per the agreement, the sale price was fixed at Rs.230/- per Sq.ft., which totally comes to the tune of Rs.46,1