A. VALLIAMMAI Vs. K.P. MURALI

JUDGEMENT

(1.) I.A. Nos. 1 of 2017 and 27407 of 2023, for permission to take on record additional evidence in the nature of documents, are not opposed. Accordingly, I.A. Nos. 1 of 2017 and 27407 of 2023 are allowed. The documents are taken on record. S. Nos. 2 - 12 in I.A. No. 1 of 2017 are marked as Exhibit Nos. S-1 - S-11(Exhibit S-1 - a true copy of the judgment dtd. 23/12/1992 passed by the district munsif court in O.S. No. 508 of 1991; Exhibit S-2 - a true copy of the lawyer's notice dtd. 11/7/1994; Exhibit S-3 - a true copy of the rejoinder notice dtd. 13/7/1994; Exhibit S-4 - a true copy of the judgment dtd. 12/6/2002 passed by the district munsif court in O.S. No. 1164 of 1994; Exhibit S-5 - a true copy of the deposition of PW-1 - plaintiff - Duraisamy, in O.S. No. 21 of 2004 dtd. 5/7/2004; Exhibit S-6 - a true copy of the deposition of the DW-1 - first defendant - K. Sriram in O.S. No. 21 of 2004 dtd. 7/9/2006; Exhibit S-7 - a true copy of the deposition of DW-2 - second defendant - Valliammai, in O.S. No. 21 of 2004 dtd. 15/9/2006; Exhibit S-8 - a true copy of the deposition of DW-3 - Sivakami in O.S. No. 21 of 2004 dtd. 26/10/2006; Exhibit S-9 - a true copy of the deposition of DW-4 - Singaram in O.S. No. 21 of 2004 dtd. 10/11/2006; Exhibit S-10 - a true copy of the sale deed dtd. 8/5/1995 along with the power of attorney deed dtd. 28/11/1994; Exhibit S-11 - a true copy of the notice dtd. 31/8/1991.), and S. Nos. 2 - 4 in I.A. No. 27407 of 2023 are marked as Exhibit Nos. S-12 -S14(Exhibit S-12 - a true copy of the judgement/order dtd. 3/11/1989 passed in O.S. No. 787 of 85 and docket orders in O.S. No. 787 of 85 along with photocopy of the original; Exhibit S-13 - a true copy of the rejoinder notice sent on behalf of K. Sriram dtd. 31/8/1991; Exhibit S-14 - a true copy of the rejoinder reply sent on behalf of A. Valliammai dtd. 16/9/1991.).

(2.) The appellant in Civil Appeal No. 5342 of 2023 is A. Valliammai, statedly owner of 11 acres of land situated at the west end of survey numbers 55/2B1 and 55/2B2 in 58, Agaram village, Tiruverambur sub-district, Trichi district(For short, "Suit Property"), having inherited the same being the second wife of late Ayyamperumal. Civil Appeal Nos. 5343 of 2023, 5344 of 2023 and 5345 of 2023 are preferred by S. Jayaprakash and others, A. Jeyakumar and others, and S. Balasubramanian and others, who are subsequent purchasers having purchased portions of the Suit Property.

(3.) A. Valliammai had entered into an agreement to sell dtd. 26/5/1988, Exhibit A-1, with respondent no. 3 - K. Sriram, for the sale of the Suit Property at the rate of Rs.2,95,000.00 per acre. An amount of Rs.1,00,000.00 was paid by K. Sriram to A. Valliammai as an advance. The balance sale consideration of Rs.31,45,000.00 was required to be paid within one year from 26/5/1988, that is, by 26/5/1989. However, vide endorsement dtd. 26/5/1989, Exhibit A-3, the timeline for payment of the balance sale consideration and execution of the sale deed was extended by 6 months, that is, till 26/11/1989.