K G ARUMUGHAM Vs. K A CHINNAPPAN

JUDGEMENT

(1.) These appeals are directed against the common order dated 24.3.1998 passed by a Single Judge of the Madras High Court in CRP No. 2695 and 2696 of 1993 arising from an order dated 2.7.1993 passed by the Principal Sub Judge, Coimbatore in I.A. No. 1019 of 1987 in O.S. No. 187 of 1980 and I.A. No. 2100 of 1987 in O.S. No. 526 of 1987. The High Court has set aside the order passed by the Principal Sub Judge and remitted the case to the Munsif Court for a fresh decision in the light of the observations and directions given in the impugned order.

(2.) The facts are complicated and required to be set out in detail to appreciate the controversy arising in these proceedings.

(3.) The defendants-appellants (hereinafter referred to as "the appellants") who were the owners of suit property measuring-4 acres 7 cents in Kurinchi Village, Coimbatore entered into an agreement with the plaintiffs-respondents (hereinafter referred to as "the respondents") to sell the suit land for a sum of Rs. 2,15,710/- at the rate of Rs. 53,000/- per acre. Respondents paid a sum of Rs. 10,001/- as earnest money and the balance sale consideration was to be paid at the time of registration of sale deed which was to be completed within four months. As the respondents did not come forward to get the sale deed registered, the appellant No. 2 by his letter dated 10.6.1979 informed the respondents that they have lost their right to get the sale deed executed under the agreement of sale. Notice terminating the agreement was also sent to the respondent through a lawyer on 12.9.1979.