P.R.GUNASEKARAN Vs. K.BALASUBRAMANI

JUDGEMENT

(1.) Challenge in this appeal suit is to the Judgment and Decree dated 30.1.2012, passed in O.S.No.291 of 2007, by the Additional District Court/Fast Track Court No.1, Erode.

(2.) The respondents 1 to 7 herein, as plaintiffs, have instituted O.S.No.291 of 2007 on the file of the trial court, praying to pass a money decree in their favour in pursuance of the sale agreement dated 6.9.1995, wherein the present appellant has been shown as first defendant.

(3.) The epitome of the plaint averments may be stated like thus: The suit property is the absolute property of the first defendant. The first defendant has entered into a sale agreement with one C.Govindasamy and his wife Pavayammal on 3.5.1995, wherein it is stated that the agreement holders have agreed to purchase the property for a sum of Rs.24 Lakhs per Acre. The said Govindasamy and Pavayammal have assigned their rights to the plaintiffs by an agreement of sale dated 6.9.1995. The plaintiffs have agreed to purchase two acres of land. The plaintiffs have advanced a sum of Rs.18 Lakhs. Since the plaintiffs have obtained the sale agreement dated 6.9.1995 and as per sale agreement dated 3.5.1995, they are entitled to claim return of advance amount, within a period of 12 years. Under the said circumstances, the present suit has been instituted for the relief sought therein.