MINOR B. DHARANIYA Vs. A. CHANDRAN

JUDGEMENT

(1.) The appellants, who are minors, have filed a claim petition under Order 21 rule 58 of Civil Procedure Code in E.A. No.6 of 2010 in E.P No.10 of 2009. The above execution petition was filed in a decree passed in O.S No.29 of 2006 filed by the respondents 1 and 2.

(2.) The respondents 1 and 2 filed the above suit for the return of the advance amount of Rs.10,00,000/- from one K. Nachimuthu Gounder and his two sons K.N.Balan and N. Gajendran. According to the purchasers, the father and two sons entered into a sale agreement dated 6.11.1995 and received a sum of Rs.10,00,000/- as advance. Though the intending purchasers were ready and willing, the vendors did not execute a sale deed. Meanwhile, it is found that one of the sons had already executed a Release deed in favour of father and brother and he had no title. Some third party have also interfered with the property and therefore, the vendors rescinding the contract of sale, have filed a suit for return of advance money.

(3.) According to the appellants, the father died on 4.5.2002. Wife and other two daughters were impleaded as parties. The wife died on 17.2.2004. There should be a factual error in the date of the death of these two persons. The original suit was filed in the year 2006 against Nachimuthu Gounder and his two sons. Only in pending suit, the wife and two daughters were impleaded as per order dated 19.9.2007.