J U D G M E N T

The defendants in O.S.No.159 of 2014 on the file of the Principal District Judge, Thiruchirapalli, are the appellants in this appeal.

2. The respondent filed the said suit for recovery of a sum of Rs.17,27,666/- with interest from the appellants herein. According to the plaintiff, on 01.09.2008 the defendants entered into a sale agreement and for conveying the suit schedule property, the defendants had received a sum of Rs.10,00,000/- towards sale consideration. The time for performing the contract was originally fixed as one year. Later the same was extended till 28.02.2013. //// Later the plaintiff came to know that the suit property was sold in favour of one Kalaiselvam on 19.05.2014. Therefore, the plaintiffs issued notice dated 01.09.2014 seeking refund of the advance amount together with interest. The defendants sent a reply denying the very execution of the sale agreement.

Therefore, the plaintiffs filed the said suit on 25.09.2014. ////

3. The defendants filed a written statement denying the plaint averments. The learned trial Judge framed the following issues:-

“1) Whether the agreement dated 01.09.2008 in between the plaintiff and the defendants 1 and 2 is true