VAIRATHAMMAL Vs. DEVAKI RAMADASS

JUDGEMENT

(1.) THE defendants, who lost in both the Courts below are the appellants.

(2.) THE respondents/plaintiffs filed a suit for recovery of possession and mesne profits.

(3.) THE appellants/defendants contested the suit stating that they are in possession of the property for the past 50 years and they are not aware whether any lease deed was executed by the husband of the 1st appellant and as per the agreement of sale, dated 24.08.1973, they are in possession of the property and they paid an advance of Rs.2,000/- and Rs.500/- will be adjusted taking into consideration, the building constructed by them and the balance amount has to be paid after measuring the property and the respondents/plaintiffs have not come forward to measure the property and as they were minors, the sale cannot be completed and after the agreement of sale, a sum of Rs.350/- was paid and that was endorsed in the agreement and even thereafter, two or three occasions, the appellants/defendants paid a sum of Rs.1,000/-, but did not get any voucher and as the appellants are in possession of the property in part performance of the agreement of sale, the suit for recovery of possession is not maintainable.