K. PERUMAL SAMY RISHI, Vs. A.N. LAKSHMIPATHY

JUDGEMENT

(1.) The plaintiff in the suit in O.S.No.79 of 2006 on the file of the Additional District and Sessions Judge, Fast Track Court No.I, Poonamallee, is the appellant in the above appeal.

(2.) The appellant filed the suit in O.S.No.79 of 2006 for specific performance of an Agreement of Sale dtd. 10/1/2005 executed by defendants 1 to 9, along with one Chokkubai, who is the wife of late Sri.A.S.Nagarathnam and mother of defendants 1 to 7.

(3.) The suit property was originally owned by two brothers, namely, Mr.A.S.Nagarathnam and Mr.A.S.Ponnurangam. Mr.A.S.Nagarathnam died, leaving behind his wife Tmt.Chokkubai Ammal and his children, i.e. defendants 1 to 7. It is the case of plaintiff, that Thiru.A.S.Ponnurangam, the 8th defendant representing the family agreed to sell the suit properties at the rate of Rs.37,000.00 per cent and received a sum of Rs.1.00 lakh as advance. 8th defendant was appointed as Power of Attorney Agent of defendants 1 to 7, 9th defendant and mother of defendants 1 to 7 by a registered Power of Attorney Deed dtd. 15/11/2004. Later Mr.A.S.Ponnurangam for himself and on behalf of defendants 1 to 7 and 9 and mother of defendants 1 to 7 executed a Sale Agreement in favour of the plaintiff on 10/1/2005. As per the Sale Agreement, the sale consideration was fixed at Rs.38,000.00 per cent and the total sale consideration for an extent of 2 acres and 20 cents (suit property) was arrived at Rs.83,60,000.00. On the date of the Agreement, the 8th defendant received a sum of Rs.17,00,000.00 as advance including the sum of Rs.1.00 lakh received as advance.