Judge held with respect to the issue Nos.1 to 4 which revolved around the agreement of sale dated 06.09.2006 and whether the suit properties were ancestral properties and will bind the legal representatives of the first and second defendants and will bind the third, fourth, fifth and sixth defendants, that the agreement under Ex.A1 dated 06.09.2006 had been entered into by the plaintiff and the first and second defendants and Rangasamy. It had been provided in the agreement that the suit properties belonged to Rangasamy and the first defendant who were both brothers and who had been allotted the properties in O.S.No.805 of 1992 and belonged to the second defendant through purchase. The sale price had been determined at Rs.3,11,000/- per acre. A sum of Rs.1,00,000/- had been paid as advance. Thereafter, there were further advances paid of Rs.5,00,000/- and Rs.2,50,000/- and Rs.50,000/- and a sum of Rs.10,00,000/- and a further sum of Rs.5,00,000/- and a sum of Rs.8,00,000/-. Endorsement in this regard in Ex.A1 had been marked as Exs.A2 to A8. It had therefore been found that the plaintiff had paid a total sum of Rs.32,00,000/- as advance sale consideration. It was also found that the plaintiff had issued a notice under Ex.A9, calling upon the said first and second defendants and Rangasamy to execute the sale deed. Further notices were exchanged between the parties. It was noted that the defendants had various loans which had to be settled before they could effectively execute the sale deed.
