S K M RAHIMA BIVI Vs. S KANDASAMY

JUDGEMENT

(1.) The defendants in O.S.No.99 of 2007 on the file of the Additional District Court (Fast Track Court), Dindigul, are the appellants herein.

(2.) O.S.No.99 of 2007 had been originally filed as O.S.No.18 of 2006 in the Subordinate Court, Dindigul and it was then transferred to the District Court, Dindigul, and renumbered as O.S.No.99 of 2007. The suit was decreed by judgment dated 12.01.2009. Challenging the said judgment, the defendants had filed the present first appeal.

(3.) This suit had been filed by R.Mahalingam, against 8 defendants. The 2nd to 8th defendants were represented by their power of attorney agent, the first defendant. The 1st to 4th defendants were the legal heir of S.K.M.Mohammed Sulthan Ravuthar and the 5th to 8th defendants were the legal heir of the T.A.S.Mohammed Ibrahim Ravuthar. The suit had been filed for specific performance of an agreement of sale deed dated 27.06.2005 executed by the 1st defendant on her behalf and on behalf of the 2nd to 8th defendants in her capacity as their power of attorney on receipt of balance sale consideration of Rs.1,37,500/- and on failure, for the Court to execute the sale deed in favour of the plaintiff and also for costs of the suit.