(1.) A.The Appeal Suit:
(2.) For the sake of convenience the parties are referred to as per their array in the oirginal suit itself as plaintiffs and defendants.
(3.) According to the plaintiff the properties described in the description of plaint belong to the defendants. The defendants agreed to sell the suit properties to the plaintiff at the rate of Rs.23,000.00 per cent and on 21/4/2010, the plaintiff and the defendants have entered into an unregistered sale agreement and the plaintiff paid a sum of Rs.20.00 Lakhs as advance towards the costs of the sale consideration. The time agreed for completion of the transaction is seven months. However subsequently the plaintiff came to know that one of the properties that is the property in Survey No.50/2, Kottagaoundampatti Village, Omalur Taluk, is involved in an encumbrance of a loan by deposit of title deeds with the Indian overseas Bank, which was revealed through the encumbrance certificate taken by the plaintiff on 26/10/2010. Secondly, there is one Madurai Veeran Temple in the properties involved in the suit sale agreement and therefore the relatives of the defendants (Pangalis) are objecting to the plaintiff/third-party for purchasing the property. This apart, there is a house situated in the property and the said house is involved in a mortgage loan.