ALAGAMMAL Vs. GANESAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present appeal is directed against the Final Judgment dtd. 28/4/2009 (hereinafter referred to as the "Impugned Judgment") passed by the Madurai Bench, Madras High Court (hereinafter referred to as "the High Court") dismissing a Second Appeal [S.A. (MD) No.1127 of 2008] filed by the appellants/original defendants.

(3.) The appellants no.1, 2 and 3 entered into a registered Agreement of Sale (hereinafter referred to as the "Agreement") with the respondents on 22/11/1990 to sell the suit property for a consideration of Rs.21,000.00, against which Rs.3000.00 had been received in advance. Further, six months' time was fixed for completion of the transaction. The appellants No.1, 2 & 3, in the meantime, had executed a Sale Deed with regard to the property in question with appellant no.7 on 5/11/1997 for a consideration of Rs.22,000.00. On 18/11/1997, the respondents sent a Notice to the appellants calling upon them to execute the Agreement. This led to the respondents filing of Original Suit No.165 of 1998 before the Munsif, District Court, Dindigul against the appellants for specific performance of the Agreement, damages and for recovery of money with interest. The suit stood dismissed by the Principal District Munsif Judge, Dindigul by order dtd. 10/9/2000. An appeal bearing A.S. No.258 of 2008 filed by the respondents was allowed by the First Appellate Court, and the same has been upheld by the High Court by the Impugned Judgment dtd. 28/4/2009.