IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, M.JOTHIRAMAN, JJ
T.Balasubramanaian – Appellant
Versus
C.Thanga Pandian – Respondent
JUDGMENT
(By G.R.Swaminathan, J.)
This appeal is directed against the judgment and decree dated 24.09.2021 made in O.S.No.48 of 2016 on the file of the Additional District Court, Dindigul. The third defendant is the appellant herein. It was a suit for specific performance. The Court below by the impugned judgment and decree directed the plaintiff to deposit the balance sale consideration of Rs.26,50,000/- and on receipt of the same, the defendants 1 to 3 were directed to execute a sale deed in favour of the plaintiff in respect of their 2/3rd share in the suit property as per the sale agreement.
2.The case of the plaintiff is as follows:-
The suit property belonged to Thirumalaisamy Gounder. He passed away intestate in the year 2009 leaving behind seven legal heirs (second defendant [wife], defendant 1 and 3 [sons] and four daughters). On 24.12.2009, vide document No.2243/2009, the daughters of Thirumalaisamy Gounder released their undivided 4/7th share in favour of the other sharers. The share of defendants 1 and 3 enlarged to 2/3rd undivided share in the suit property. The plaintiff is none other than the son-in-law of the second defendant. The defendants 1 and 2 agreed to convey the
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