ANNAPOORANI AMMAL Vs. G THANGAPALAM

JUDGEMENT

(1.) Leave granted. Heard learned counsel for the parties.

(2.) Facts necessary for this appeal are, that the petitioner appellant-original defendant purchased the suit property by registered sale deed dated 27/12/1950 executed by Asirvada Nadar, Ponnammal and Devadasan in favour of the present petitioner appellant for a consideration of Rs. 7,000. 00. On January 4, 1951 the present respondent executed a rent agreement in favour of the present appellant for the building acknowledging her as her landlady Rs. 80. 00 per month.

(3.) In 1963 the mother of the appellant by name of Ramalakshmi Ammal died. In 1974 the respondent filed the suit from which the present appeal arises viz. Suit No. 79 of 1974 against the petitioner appellant for conveyance of the property by the petitioner in favour of the respondent on the ground of a 'yadast which was for the first time produced with the suit and is alleged to have been written by the mother of the petitioner on 24/12/1950 which is marked as Ex. A-11, in favour of the respondent. This document provided that respondent could get conveyance of the property in the suit from the petitioner after paying the sale price of Rs. 7,000. 00 and Rs. 1,000. 00 for registration expenses. This 'yadast (so-called agreement) was on a plain piece of paper which is neither stamped nor registered nor attested. It is also significant that although this document is alleged to have been written on 24/12/1950 even before the sale deed of the property itself was executed in favour of the appellant but this document was not even mentioned in the notice which was served by the respondent on the present appellant before this suit nor there is any reference anywhere in any earlier correspondence nor there is a mention of this document in the sale deed dated 27/12/1950 which apparently is of a date subsequent to 24/12/1950 nor there is any mention of it in the rent agreement dated 4/01/1951 to which the present respondent himself is a party.