K RAMAKRISHNAN DIED Vs. SIDDHAMMAL

JUDGEMENT

(1.) This Appeal Suit is directed against the judgment and decree dated 29-8-1985 rendered in O.S. No. 518 of 1983 by the Court of Subordinate Judge, Coimbatore seeking to set aside the said judgment and decree in so far as the decree relates to directing the deceased first appellant to deliver vacant possession of part of the suit property in his possession as tenant and further seeking interest at 18% p.a. on the amount of Rs. 1,25,000/- from the date of suit as on 30-11-1983 till the date of realisation and for costs.

(2.) Tracing the history of the above Appeal Suit, the deceased first appellant has filed the suit in O.S. No. 518 of 1983 on the file of the Court of Subordinate Judge, Coimbatore praying to pass a decree directing the defendants to pay a sum of Rs.1,25,000/- to the plaintiff with interest at 18% p.a. and for costs on averments such as that the suit property originally belonged to one Rangammal; that on 28-8-1954, she executed a deed of settlement in favour of the first defendant and one K.B. Palaniswamy alias Doraiswamy according to which the first defendant had only the right to enjoy the property during the lifetime of Rangammal granting the vested remainder to the said K.B. Palaniswamy; that about three years prior to the filing of the suit, the said Palaniswamy died leaving the defendants 2 to 5 as his legal heirs; that the plaintiff is the tenant in a portion of the suit property for several years; that since the defendants have been anxious to sell the suit property, the plaintiff entered into an agreement on 29-11-1982 with the defendants to purchase the suit property for a sum of Rs.5,00,000/-; that the plaintiff had also paid an advance of Rs.1,00,000/- to the defendants on that date itself; that the period for completing the sale was ten months; that on 26-9-1983, the period was extended up to two months from 29-9-1983 since the defendants were not in a position to give vacant possession of the suit property to the plaintiff in terms of the agreement; that the defendants 1 to 3 signing the endorsement dated 26-9-1983 themselves promised to bring the defendants Nos.4 and 5, but never acted as per their undertaking.

(3.) The further averments of the plaint are that on four occasions i.e. on 16-4-1983, 25-5-1983, 27-5-1983 and 8-9-1983, in paultry sums, a total amount of Rupees 25,000/- has been paid by the plaintiff in addition to the advance already parted with on receipts and with endorsement and in spite of the plaintiff having always been ready and willing to act up to the terms of the agreement, since the defendants were not in a position to evict the other tenants as per their undertaking, they were not in a position to comply with the terms of agreement and therefore the plaintiff is also no longer interested in completing the same since it is learnt that a portion of the suit property is likely to be acquired by the Corporation of Coimbatore and hence the title is also affected thus invalidating the agreement and the publication of the notification in this regard was not disclosed to the plaintiff by the defendants prior to entering into the agreement and that the plaintiff is entitled to be reimbursed with the consolidated amount of Rs. 1,25,000/- which he had paid to the defendants with interest at 18% p.a. by way of damages from 26-9-1983 and to that effect he had also issued a notice to the defendants on 27-11-1983 through his Lawyer. On such averments, the plaintiff would pray for the reliefs extracted supra.