V. SUNDAR Vs. R. LOGANAYAGI

JUDGEMENT

(1.) The revision petitioners herein are the plaintiffs in O.S.No.342 of 2002. The respondents herein are the defendants.

(2.) Originally, the first defendant/first respondent herein is the owner of the properties having an extent of 2 acres and 18 cents in various Survey Numbers at No.164, Pulikorabu Village, Saidapet Taluk, Chengalpet District. She entered into an agreement for sale of the said properties with the first plaintiff, second defendant and one K.Ponnuswamy on 24.05.1982. Subsequently, on 02.08.1982, supplemental agreement has been entered into between the first defendant and the first plaintiff along with the second defendant, substituting the second plaintiff in the place of K.Ponnuswamy.

(3.) After the sale agreement, the plaintiffs/revision petitioners came to know that there was a tentative proposal by the Government to acquire an extent of 7 1/2 cents and the first defendant/first respondent herein sold 30 cents out of 2 acres and 18 cents. Thereafter, the first defendant did not come forward to execute the sale deed. Therefore, the plaintiffs filed a suit in O.S.No.44 of 1986 before the Subordinate Court, Chengalpet, which was transferred to the file of the Subordinate Court, Poonamallee, for the relief of specific performance in respect of 1 acre 80 1/2 cents. Since the second defendant/second respondent herein (deceased now) did not join with the plaintiffs for filing the suit, he was shown as the second defendant at the time of filing the suit. Pending the suit, the Government, by Notification dated 11.02.1987, acquired 55 cents instead of 7 1/2 cents. Therefore, the plaintiffs filed an interlocutory application in I.A.No.1106 of 1991 in O.S.No.44 of 1986, seeking to amend the plaint, amending the extent of properties as 1 acre 33 cents instead of 1 acre 80 1/2 cents, which was allowed by the trial Court on 14.12.1995. After allowing the said application, amended plaint was taken on file. Thereafter, on pecuniary jurisdiction, the suit was transferred to the District Munsif, Tambaram and the suit in O.S.No.44 of 1986 was renumbered as O.S.No.342 of 2002.