B.PRABAKARAN Vs. K.VADIVEL SERVAI

JUDGEMENT

(1.) The plaintiffs in O.S.No.46 of 2009 on the file of the Additional District and Sessions Court at Dindigul, are the appellants herein.

(2.) The suit in O.S.No.46 of 2009 was filed by the plaintiffs seeking specific performance of an agreement entered into with the defendants dtd. 28/6/2008, on receipt of the balance sale consideration of Rs.52,54,000.00. In the alternative, the plaintiffs sought a refund of the advance amount of Rs.20,00,000.00 with interest at 12% per annum, along with a permanent injunction restraining the defendants from alienating the suit property, and for costs of the suit.

(3.) The agreement between the parties related to vacant land measuring 4.19 acres out of a larger extent of 4.45 acres situated at Thattankulam Village, Palani, Dindigul District. As a matter of fact, the defendants had donated a portion of the land, measuring 63 cents, to the Municipality for construction of a road, leaving 3.56 acres actually available. However, the plaintiffs had paid Court fees assuming that 2.34 acres were available with the defendants and proceeded with the agreement for 4.19 acres.