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2023 Supreme(Online)(Mad) 80290

IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.A.NAKKIRAN, J
S.Mathialagan – Appellant
Versus
Radha Bai (deceased) – Respondent


Advocates:
For the Appellants/Petitioners: G.Mohanakrishnan
For the Respondents: S.Namasivayam, S.Sundaresan

JUDGEMENT

It is represented by the learned counsel for the plaintiffs that the 1st defendant died and the defendants 2 to 5 are already on record. The said submission is recorded.

1. This Civil Suit has been filed, seeking a judgement and decree, for the following reliefs:-

(a) Specific performance, directing the Defendants 1 to 8 to execute a sale deed in favour of the Plaintiffs on receiving the balance sale consideration of Rs. 15,00,000/- from the Plaintiffs and to register the same, in respect of the suit property.

(b) Declaration that the sale deed, dated 14.03.2011, registered as Doc.No.2435 of 2011 on the file of the Sub Registrar, Tiruporur, by the Defendants 6 to 8 and the vendors 1 to 4 of the sale deed in favour of the Defendants 9 to 11 is null and void.

(c) Permanent Injunction, restraining the Defendants 9 to 11 from developing or dealing in any manner with the suit property.

2. The case of the Plaintiffs, as set out, in the plaint is as follows:-

a) The Defendants 1 to 5 represented that they are the legal heirs of late Sundra Rajan and his father is Late Janardhanam, who was a freedom fighter and the Government had granted 5 acres of lands in S.No.162/1, Thazhammbur Vil

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