JAYALAKSHMI, Vs. RUKMA BAI, RANIAMMAL AND NAGASUBRAMANIAN

JUDGEMENT

(1.) Plaintiffs 2 to 6 in the suit are the appellants.

(2.) The case in brief is as follows: - The 1st plaintiff filed a suit for specific performance directing the defendants to execute a sale deed and deliver possession of schedule mentioned property after receiving the balance of Rs.18,000/=. The 1st defendant is the owner of the schedule mentioned property. The 1st plaintiff is a tenant in respect of a portion of the premises. The 1st defendant offered to sell the schedule mentioned property in favour of the 1st plaintiff as well as his son for a sum of Rs.23,000/= each and an advance of Rs.5000/= was also paid by each of them on 23.08.1976. The 1st defendant agreeing to sell the property within a period of 15 days after getting necessary permission from the Sub Collector, Pondicherry under the Land Ceiling Act. The 1st plaintiff approached the 1st defendant on number of occasions to get necessary permission and to sell the property, but he evaded the same. The 1st plaintiff sent a notice on 20.12.1976 calling upon him to apply for permission from the Sub Collector, Pondicherry under Sec. 27 of the Urban Land Ceiling Act and to sell the property. The 1st defendant received a notice on 23.12.1976, but did not send any reply. The 1st plaintiff was forced to file the suit for specific performance. The 1st plaintiff was always ready and willing to purchase the property by making the balance of sale consideration and to perform his part of the contract, but the 1st defendant was not willing to sell the property. Hence, the suit. The 1st plaintiff died and plaintiffs 2 to 6 were impleaded as the legal heirs. Similarly, the 1st defendant also died and defendants 2 to 4 were impleaded as the legal heirs.

(3.) The respondents in the appeal filed CMP 16023 of 2001 under Sec. 151 of Civil Procedure Code to direct the appellants / tenants to deposit the arrears of rent amounting to Rs.34,980/= for the period from 01.09.1983 to 01.05.2001 at the rate of Rs.165/= per month since the appellants are in possession of the property.