AYISHA BEEVI Vs. DHANALAKSHMI

JUDGEMENT

(1.) THE 1st defendant in O.S No.777 of 1981 on the file of the District Munsif Court, Chidambaram is the appellant in this second appeal THE plaintiffs in the suit are the respondents in this second appeal. For the sake of convenience, the parties are referred to by the nomenclature given to them in the suit.

(2.) THE plaintiffs have filed the suit for specific performance of an agreement to reconvey the property mentioned in the schedule of the plaint. THE case of the plaintiffs is as follows: THE suit property belonged to the first plaintiff was sold by him to the first defendant on 29.7.1971. On the very same day, the first plaintiff and the first defendant had entered into an agreement for reconveyance thereby on payment of Rs. 15,000 by the first plaintiff after seven years but before the expiry of ten years from 29.9.1971 the first defendant reconveyed the said property. Though the first plaintiff has approached the first defendant, after the expiry of seven years but before the expiry often years to reconvey the property and receive Rs. 15,000 she failed to comply with. On 28.7.1981, the first plaintiff after informing the 1st defendant waited in the S.R.O. Parangipettai for registration of re-conveyance deed, but she did not turn up, hence the suit was filed on 29.7.1981. Pending suit, the first plaintiff died and the plaintiffs 2 to 6 were brought on record as legal heirs.

(3.) HEARD the learned counsels appearing for both the parties and perused the records.