RUKMANI Vs. MAHALAKSHMI

JUDGEMENT

(1.) This Appeal Suit is filed under Sec. 96 read with Order XLI Rule 1 of 'the Code of Civil Procedure, 1908' ['CPC' for short] by the defendants in O.S.No.600 of 2010 on the file of 'the First Additional District Court, Coimbatore' ['Trial Court' for brevity]. Challenge is to the Judgment and Decree dated November 15, 2012 passed by the Trial Court in the said Original Suit.

(2.) For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.

(3.) The Suit Property originally belonged to one Gnanasambandhan. The first defendant is the wife and the defendants 2 and 3 are the children of Gnanasambandhan. The said Gnanasambandhan entered into a Sale Agreement with the plaintiff on December 23, 2007, agreeing to sell the Suit Property at the rate of Rs.3,40,000.00 per cent. Time fixed for performance of contract was six months from the date of Sale Agreement and a sum of Rs.3,00,000.00 was paid as advance on the date of Sale Agreement itself. As per the Sale Agreement, Gnanasambandhan had to produce the encumberance certificate and original title deeds before the sale, and he also had to measure the Suit Property to ascertain its extent for calculating the total sale consideration at the fixed rate. Further, Gnanasambandhan had to vacate the third party in possession of the Suit Property within one month.