A ANNAPOORANI Vs. K R KALIAMMAL

JUDGEMENT

(1.) THIS appeal arises out of the judgment and decree dated 31.03.2009 made in O.S.No.358 of 2005 on the file of Additional District Judge, Fast Track Court No.3, Coimbatore decreeing the plaintiffs' suit for specific performance based on Ex.A.1 - consent agreement and granting alternative relief directing the appellants/defendants to pay to the plaintiffs a sum of Rs.12,00,000.00 with interest at the rate of 24% p.a. from 8.9.2005 till the date of decree and thereafter at 6% p.a. Unsuccessful defendants are the appellants. For convenience, the parties are referred to as arrayed in the suit.

(2.) THE plaintiffs and defendants are related as under:

(3.) ADMITTING Ex.A.2 - partition deed and denying having entered into Ex.A.1 - consent agreement, defendants filed written statement contending that the alleged Ex.A.1 - consent agreement is non-existent. The defendants alleged that the consent agreement is a fabricated one. According to the defendants, under Ex.A.2 - partition deed, plaintiffs and other sisters viz., Velathal and Ponnammal were allotted 'D' Schedule properties. The parties to Ex.A.2 have agreed to the terms and conditions mentioned in Ex.A.2 and while so the plaintiffs are estopped from questioning Ex.A.2.