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2025 Supreme(Online)(Mad) 65204

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.K.RAMAKRISHNAN, J
Krishnasamy (Died) – Appellant
Versus
Narayanasamy (Deceased) – Respondent


Advocates:
For the Appellants/Petitioners: Mr.B.Prahalad Ravi for M/s.Hallmark Associates
For the Respondents: Mr.P.Vinoth for Mr.B.Saravanan

JUDGMENT

The legal heirs of the original plaintiff in O.S.No.273 of 1990 on the file of the Subordinate Judge, Periyakulam, have filed this appeal challenging the dismissal of the suit in O.S.No.273 of 1990 by the impugned judgment dated 21.10.2013.

2. For the sake of convenience and brevity, the parties herein after will be referred to as per their status/ranking before the trial Court.

3. The brief averments made in the plaint are as follows:-

The suit scheduled property belonged to one S.R.V.Moogaiya.

S.R.V.Moogaiya executed a sale deed dated 17.02.1980 in favour of the first defendant for sale consideration of Rs.49,000/-. S.R.V.Moogaiya entered into reconveyance agreement with the first defendant on the same day itself on condition that the first defendant should receive the amount of Rs.49,000/- from the said S.R.V.Moogaiya within 10 years (17.12.1990) from the date of the agreement and thereafter, executed the sale deed in favour of the said S.R.V.Moogaiya. However, after 10 years, the said S.R.V.Moogaiya was unable to make the payment. But the said S.R.V.Moogaiya obtained a sum of Rs.10,000/- as advance from the plaintiff and made over the agreement to the plaintiff. Since the f

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