NATARAJAN Vs. MANJINI

JUDGEMENT

(1.) The first respondent/ plaintiff filed the suit for specific performance directing the defendants 1 to 3 to execute the sale of the suit property in favour of the plaintiff and give possession by receiving the balance sale consideration of Rs.8000/- and in case of failure by the defendants the Court may be pleased to execute the sale deed in favour of the plaintiff on behalf of the defendants 1 to 3 and order delivery of the suit property from defendants 1 to 3 to the plaintiff with a consequential prayer for setting aside the donation deeds dated 08.12.1983 executed by the first defendant in favour of the defendants 2 and 3 and for permanent injunction restraining the defendants 1 to 3 from alienating any interest in the suit property by way of sale, mortgage, gift, donation, Will or otherwise.

(2.) The suit was decreed by the lower Court. Aggrieved by the same, the defendants filed appeal before the lower Appellate Court. The lower Appellate Court dismissed the appeal and confirmed the decree of the lower Court. Hence, the defendants 2 and 3 who lost the case before the lower Appellate Court has filed this second appeal.

(3.) The appellants 1 and 2 herein are the defendants 2 and 3 in the suit. Appellants 3 to 6 being the legal heirs of the deceased second appellant are impleaded in this second appeal. The first respondent herein is the plaintiff in the suit. Since the first defendant in the suit died during the pendancy of the first appeal, his legal heirs were impleaded as appellants 4 to 8 in the first appeal and they are the respondents 2 to 6 herein. For the sake of convenience, the parties will be hereinafter referred to as per their rank in the suit.