PALANI MURUGAN Vs. RENGARAJAN

JUDGEMENT

(1.) The appeal is directed against the Judgment and Decree passed in A.S.No.34 of 2014, by the learned Principal Subordinate Court, Srivilliputhur, confirming the Judgment and Decree in O.S.No.185 of 2010, passed by the learned Additional District Munsif Court, Srivilliputhur.

(2.) For the sake of convenience, the parties are referred to herein, as per their own ranking, as before the Trial Court.

(3.) The case of the plaintiff, as per the averments made in the plaint, in short, is as follows : Originally the suit property belongs to the father of the defendants namely, Srinivasa Iyyangar and he intended to sell the suit property to the plaintiff's father namely, Muthaiah Thevar, for which, a sale agreement, dtd. 9/8/1979 was executed, wherein, sale consideration was fixed at Rs.21,480.00 (Rupees Twenty One Thousand Four Hundred and Eighty only and paid a sum of Rs.15,000.00 (Rupees Fifteen Thousand only) as advance and balance of Rs.8,480.00 (Rupees Eight Thousand Four Hundred and Eighty only) have to be paid to the Srinivasa Iyyangar and six months time was fixed for executing the sale deed and the possession of the suit property was handed over to the plaintiff's father. Since then, the plaintiff's father was in possession and enjoyment of the same without any hindrance and the plaintiff was ready to pay the balance amount and get the sale deed, but the defendant's father Srinivasa Iyyangar did not come to Registration Office and execute the sale deed in his father's name and his father was in possession and enjoyment of the suit property till his life time.