KOOVAM KRISHNA REDDY Vs. M.ARUMUGAM

JUDGEMENT

(1.) These second appeals are arising out of common judgment and decree passed in AS.Nos.75, 76 and 77 of 1994 dated 24.11.1995 on the file of the Sub Court, Kancheepuram confirming the common judgment and decree dated 26.10.1993 passed in O.S.Nos.303 of 1985, 644 of 1986 and 388 of 1989 on the file of the District Munsif, Tiruttani.

(2.) For the sake of convenience, the parties are referred to as per their rankings in the trial Court.

(3.) The appellants in SA.No.764 of 1996 are the defendants in O.S.No.303 of 1985 and the case of the plaintiffs in O.S.No.303 of 1985 is that the defendants 2 and 3 are the sons of the first defendant. The first defendant and also on behalf of the second and third defendants who were minors then, executed agreement for sale in favour of the plaintiffs on 16.04.1978 and agreed to sell the suit schedule property for the sale consideration of Rs.1,050/- to the plaintiffs. The fist defendant received for himself and on behalf of the defendants 2 and 3, the entire sale consideration of Rs.1,050/- on the date of agreement namely 16.04.1978. Thereafter the defendants put the plaintiffs in possession of the suit schedule property and the plaintiffs took possession and they are in possession and enjoyment of the suit schedule property by virtue of sale agreement dated 16.04.1978 continuously. In terms of the sale agreement, the defendants agreed to register the sale deed whenever called by the plaintiffs. When the plaintiffs are ready with the sale deed for registration, the defendants postponed the same for some reasons. Therefore the plaintiffs caused legal notice to the defendants on 27.09.1985 calling upon the first defendant to execute registered sale deed in their favour in respect of the suit schedule property. The said notice was duly received by the first defendant on 30.07.1985. Even then, they failed to register the sale deed in their favour. Hence, the said suit for specific performance.