M CHIDAMBARAM DECD Vs. S ANTHONY RAJ

JUDGEMENT

(1.) The plaintiff in C.S.No.294/1980 having aggrieved by the judgment an decree passed by the learned Judge, dated 17.11.1993, has filed the above Original Side Appeal.

(2.) The first appellant/plaintiff filed a suit in C.S.No.294/1980 on the file of this Court for specific performance of the contract entered into with the defendants 1 and 2 under the agreement of sale dated 4.7.1979 marked as Ex.P1, or in the alternative for damages for Rs.20,00,000/- and for refund of a sum of Rs.15,000/-received by defendants 1 and 2 as advance.

(3.) It is the case of the plaintiff that defendants 1 and 2 are the owners of the land mentioned as 'A' Schedule property and the 3rd defendant, the mother of defendants 1 and 2 is the owner of the superstructure constructed over the said land, which is mentioned as 'B' Schedule in the plaint. Before entering into the agreement under Ex.P1, in the litigation between defendants 1 and 2 on the one side and the 3rd defendant on the other side, in C.S.No.185/1975, they entered into a compromise and a decree was passed on 21.12.1977 under which defendants 1 and 2 are entitled to purchase the superstructure on payment of the market value of the same. Defendants 1 and 2 have entered into an agreement to sell both 'A' and 'B' schedule properties to the plaintiff for a consideration of Rs.34,97,500/- payable by the plaintiff to defendants 1 and 2 after securing sale from the 3rd defendant with respect to 'B' Schedule property. Since defendants 1 and 2 have not secured the sale in their favour with respect to the 'B' Schedule property and executed the sale deed with respect to the suit property as per the agreement Ex.P1, the plaintiff came forward with the above suit.