DEVAKI Vs. V.R.KANNAPPAN

JUDGEMENT

(1.) The plaintiffs in the original suit are the appellants. They had filed the suit on the file of the court of II Additional District Munsif, Coimbatore as O.S.No.1239/2006 for the relief of specific performance of an agreement of re-conveyance. The suit was dismissed by the trial court by a judgment and decree dated 29.04.2010. The appeal filed by the plaintiffs before the lower appellate court, namely the court of Principal Subordinate Judge, Coimbatore as A.S.No.5/2011 was also dismissed on 25.11.2011 and thereby the decree of the trial court dismissing the suit for specific performance was confirmed by the lower appellate court. Hence the plaintiffs have come forward with the present second appeal.

(2.) The case of the appellants/plaintiffs as per the plaint averments, in brief, are as follows:

(3.) The suit was resisted by the respondent/defendant by filing a written statement containing the following averments.