V NAGARAJAN AND ORS Vs. SAROJA AND ORS

JUDGEMENT

(1.) Defendants 2 to 7 in the original suit are the appellants in the second appeal. Respondents 1 and 2 filed a suit in O.S.No. 55 of 2000 on the file of the Sub-Court, Dharmapuri against Venkattaraji Naidu, the father of the appellants herein for the relief of specific performance based on the suit agreement for sale dated 03.01.2000 allegedly executed by the said Venkattaraji Naidu in favour of the plaintiffs in respect of 0.78.5 H of land comprised in S.No.259, 260/2 and 260/3 of Paruvathanahalli Village, Pennagaram Sub-Registration District and Dharmapuri Registration District. During the pendency of the suit and while a civil revision petition was pending before the High Court in C.R.P.No.321 of 2005, the sole defendant Venkattaraji Naidu died and the appellants herein were impleaded as Defendants 2 to 7 in their capacity as legal heirs of Venkattaraji Naidu.

(2.) The plaintiffs had made the following allegations in the plaint:

(3.) During his life time itself the first defendant Venkattaraji Naidu filed the written statement. Besides making general denial regarding the plaint averments, the deceased first defendant had also made the following averments: