O.K.SHANMUGAM Vs. ARUMUGAM

JUDGEMENT

(1.) This appeal is against the judgment and decree dtd. 27/2/2019 in O.S.No.300 of 2008, on the file of the IV Additional District Court at Bhavani, Erode District. By that judgment, the trial court decreed the suit for specific performance of an agreement of sale, delivery of possession, and a permanent injunction.

(2.) The suit was filed on 10/11/2008. The first defendant is the father of defendants 2 and 3. The fifth defendant is his wife. The fourth defendant is described in the plaint only as an associate of the other defendants. The appellants are defendants 1 to 3. Respondents 1 to 5 are plaintiffs 2 to 6, who were brought on record as the legal representatives of the original plaintiff, Arumugam, following his death during the suit. Respondents 6 and 7 are defendants 4 and 5. The parties are referred to by their rank before the trial court.

(3.) The plaintiff 's case is that on 18/4/2008, the first defendant, for himself and as father and guardian of defendants 2 and 3, executed the agreement of sale under which the suit property was agreed to be sold to the plaintiff for Rs.14,34,600.00 A sum of Rs.4,34,600.00 was paid and acknowledged as an advance. The balance of Rs.10,00,000.00 was payable on or before 15/9/2008. The property measures 1 acre and 34 cents in R.S.No.204/1, Orichery Village, Bhavani Taluk, Erode District, together with a well, a 5 H.P. electric motor, a pump set, and a service connection.