KRISHNAN AND ORS. Vs. KAMALA

JUDGEMENT

(1.) THE defendants in the original suit are the appellants in the appeal. The respondents herein filed the suit O.S. No. 187/2004 on the file of the Principal District Judge, Krishnagiri for the relief of specific performance against the appellants herein based on an agreement for sale dated 16.08.2003. After trial, the learned trial judge decreed the suit as prayed for and directed the appellants herein/defendants to execute a sale deed after getting the balance sale consideration from the respondent/plaintiff, register the same and hand over possession of the suit property to the respondent/plaintiff, by a judgment and decree dated 16.08.2003. The said decree of the learned Principal District Judge, Krishnagiri made in O.S. No. 187/2004 is challenged in this appeal filed under Section 96 of the Code of Civil Procedure.

(2.) FOR the sake of convenience, the parties are referred to in accordance with their ranks in the original suit and wherever necessary their ranks in the appeal shall also be referred. The prayer for specific performance came to be made on the basis of the plaint averments, which are, in brief, as follows:

(3.) THE suit was resisted by the appellants herein/defendants based on their averments made in the written statement, which are, in brief, as follows: