J KALAYARASI Vs. S A M IBRAHIM SAHIB

JUDGEMENT

(1.) THE Appellants/Defendants have preferred the present Appeal before this Court as against the Judgment and Decree dated 11.10.2002 in O.S.No.345 of 1997 passed by the Learned II Additional Sub Judge, Erode.

(2.) ON an appreciation of available oral and documentary evidence on record, the trial Court while passing the Judgment in the main suit O.S.No.345 of 1997 dated 11.10.2002 has among other things observed that '... The 1st Appellant/ 1st Defendant out of a Sale Consideration of Rs.5,00,000/- as per Ex.A.1 Sale Agreement and has also signed in the said Agreement and also that to the 2nd Appellant/ 2nd Defendant, the 1st Appellant/ 1st Defendant has sold the suit property with a view to deceive him and the Respondent/Plaintiff is to pay Rs.1,00,000/- being the balance Sale Consideration to the 1st Appellant/ 1st Defendant and to get the Sale Deed executed in his favour in respect of the suit property from the Appellants/Defendants and accordingly, granted the relief of specific performance with costs.

(3.) THE points that arise for determination in this Appeal are: