IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on:03.07.2023 Delivered on: 14.07.2023 CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI S.A.No.396 of 2007 1.Pulliammal (died)

2.Ponnusamy ... Appellants (Appellant 2 and respondent 3 bought on record as LR's of the deceased

1^st appellant viz., Pullliammal vide order of Court dated 01.03.2021 made in C.M.P.No.1 of 2009 in S.A.No.396 of 2007)

Vs.

1.S.Savitha

2.T.K.Iyyannan

3.Rajammal ... Respondents PRAYER: Second Appeal filed under Section 100 of C.P.C against the judgment and decree passed dated 02.09.2006 passed in A.S.No.42 of 2006 on the file of Principal District Court, Salem in confirming the judgment and decree dated 17.04.2006 passed in O.S.No.60 of 2004 on the file of the Sub-Court, Mettur.

For Appellants : Mr.P.Mani For Respondents : Mr.A.K.Sriram, Senior Counsel for Mr.A.Sundaravadhanam for R1 No Appearance for R2 and 3

JUDGMENT

The unsuccessful 1^st defendant in a suit for Specific Performance of an agreement of sale is the appellant.

2. The 1^st respondent as plaintiff,filed a suit for Specific performance of the agreement of sale dated 02.09.2004. It is the case of the plaintiff that the 1^st defendant is the owner of the suit propert