V ASAI THAMBI Vs. G JANARTHANAN

JUDGEMENT

(1.) The appellants are the plaintiffs in O.S. No. 164 of 2009. There was a sale agreement, dated 02.10.2004, between the first plaintiff and the defendants barring the fourth defendant regarding the sale of 20 acres and 17 1/8 cents for the sale value of 44,37,675/- at the rate of Rs. 2,200/- per cent. The sellers belong to one family. The first plaintiff paid a sum of Rs. 5,00,000/- to the first defendant who received the same on behalf of others. The sellers agreed to execute the sale deed on payment of the balance amount within 6 months. On 22.10.2004, the first respondent signed a document acknowledging the receipt of Rs. 2,00,0000/- (Rupees two lakhs only) with reference to the sale agreement dated 02.10.2004. But, the same was not acted upon. On the other hand it seems that the family members of the appellants herein purchased about 16 acres out of about 20 acres of the land and the same is not in dispute.

(2.) In these circumstances, another sale agreement, dated 07.03.2007 was entered into between the appellants and the respondents 1 to 3 for the sale of the remaining portion of 4.22 cents of the land on the basis of the rate fixed in the earlier agreement. Those lands stand in the name of the respondents 1 to 3 in the appeal and this is also not in dispute. However, in the sale agreement dated 07.03.2007, it is stated that 24 1/8 cents belonging to all the defendants barring the fourth defendant would also be sold to the appellants at the same rate, as mentioned in the earlier agreement, while the first respondent herein received Rs. 2,00,000/- in addition to Rs. 7,00,000/- already received by him. In the agreement dated 07.03.2007, one year time was fixed for payment of the balance amount and for execution of the sale deed.

(3.) In these circumstances, the respondents 1 to 3 sold the 4.22 cents by way of two sale deeds dated 03.08.2009 to the fourth respondent.