P SIVAN MUTHIAH AND ORS Vs. JOHN SATHIAVASAGAM

JUDGEMENT

(1.) The plaintiff in O.S.No. 75 of 1978 on the file of the Subordinate Judge, Madurai are, the appellants in this appeal. The respondent is the defendant in the suit.

(2.) The plaintiffs laid the suit for specific performance of two agreements of sale in respect of immovable items, both dated 7.11.1973 and marked in the case as Exs.A1 and A2. The plaintiffs themselves were in possession of the properties as tenants under the defendant. Under Ex.A.1 an advance of Rs. 9,000 was paid and under Ex.A2 an advance of Rs. 6,000 was paid. There was a further payment of Rs. 3,500 under Ex.A3 and there is a controversy as to whether it was towards the sale agreements. There were other tenants in the properties and it was stipulated in the sale agreements Exs.A.1 and A2 that on the defendant evicting the tenants and giving notice through registered post to the plaintiffs with regard to delivery of vacant possession, the plaintiffs shall complete the sale within three months from the date of the receipt of the notice. The plaintiffs laid the suit for specific performance even though the tenants did not get evicted. The suit had come to be laid on 23.1.1978.

(3.) The defendant contested the suit mainly saying that it was barred by limitation. There were other aspects of contest by the defendant and we need not trouble ourselves with them since the concentration on the question of limitation will primarily be decisive, with regard to the relief of specific performance claimed by the plaintiffs.