D.JOHN Vs. P.PANDIAN

JUDGEMENT

(1.) The above suit has been filed by the plaintiffs for cancelling a registered sale deed executed by them in favour of the 1st defendant as null and void and for damages of sum of Rs.30,00,000/- apart from seeking an injunction restraining the defendants from alienating, encumbering or disturbing the plaintiff's peaceful possession and enjoyment of the suit property.

(2.) Although the defendants were served they had neither entered appearance in person nor through pleader and therefore the 1 st defendant was set ex parte on 13.11.2019 and others by order dated 21.11.2019. Thereafter, the plaintiffs have adduced evidence and the matter was posted before this Court for arguments.

(3.) It is the case of the plaintiffs that they are joint owners of the property morefully described in the suit schedule property. It is their case that in order to discharge their mortgage loan with the L.I.C Housing finance limited, they had decided to sell their property. One V.R.Mukundhan had approached the plaintiffs in the year 2012 for purchasing the said property and agreement of sale was entered into. However, V.R.Mukundhan did not comply with the terms of the agreement and demanded refund of the advance of the amount. Since the plaintiffs had utilised the advance amount for discharging their loans they were unable to refund the said amount immediately and had therefore issued post dated cheques to the said V.R.Mukundhan.