R.NAGALAKSHMI Vs. E.KANNIAMMAL

JUDGEMENT

(1.) The defendants 1 to 6 are the appellants before this Court. The only ground on which the Judgement and Decree in A.S.No.87 of 2005 of the V Additional City Civil Judge, Chennai has been challenged is that the learned Judge has, without a prayer for refund being asked, ordered refund of the advance amount and compensation in a suit for specific performance.

(2.) For proper appreciation of the case on hand, it is necessary to briefly allude to the facts. The 1st respondent had filed a suit O.S.No.4279 of 1997 on the file of the XI Assistant City Civil Court, Chennai originally for the relief of specific performance and to set aside the decree in O.S.No.3802 of 1992 dtd. 20/7/1994. Thereafter, the suit has been amended to include the following reliefs:

(3.) The case of the 1st respondent herein was that the suit property belonged to one Ambujammal who had purchased it under a sale deed dtd. 17/8/1938. Ambujammal had two daughters Manoranjithammal and Ramathilagammal and on her deminse the suit property devolved on her two daughters and the daughters were in joint possession of the same.