K S MOHAMED IBRAHIM Vs. MOHAMED HABIBULLAH

JUDGEMENT

(1.) THIS appeal is directed against the Judgment and Decree, dated 25. 10. 1994 made in O. S. No. 347 of 1992 on the file of the Principal Subordinate Judge, Erode. The appellants herein were defendants 1, 2 and 7 in the suit before the trial court.

(2.) THE suit was filed by the respondent / plaintiff, seeking a decree against the appellants and others, directing them to pay specific amounts with interest and costs, accordingly, the decree was passed by the trial court against the first appellant / D1 to pay a sum of Rs. 1,76,585/- along with 15% interest for the principal amount of Rs. 1,00,000/ -. The second appellant / D2 was directed to pay a sum of Rs. 1,76,585/- along with 15% interest for the principal amount of Rs. 1,00,000/ -. The third appellant / D7 was directed to pay a sum of Rs. 88,293/- with 15% interest for the principal amount of Rs. 50,000/- with cost. Further, the appellants herein were directed to pay Rs. 6,000/-, which was given by the respondent for one Mumtaj Begum and one Hazra Bibi with interest and costs.

(3.) ACCORDING to the respondent / plaintiff, he entered into an agreement, Ex. A. 1, dated 11. 03. 1987 with the appellants and seven others to purchase the property described in the plaint schedule, for a sale consideration of Rs. 7,85,000/ -. On the date of agreement, Tmt. Mumtaj Begum and Tmt. Hajaran Beevi were not present to sign the agreement, however, Rs. 2,71,000/- was received by the defendants therein as advance and part of the sale consideration.