VALLIAMAL ALIAS VALLIATHA Vs. ANGAMMAL

JUDGEMENT

(1.) The above appeal is directed against the judgment and decree dated 17-12-1996 made in A. S. No. 179 of 1982 reversing the judgment and decree dated 18-12-1981 in O. S. No. 88 of 1977 on the file of the learned subordinate Judge, Erode.

(2.) For the purpose of convenience the parties are arrayed as per their rank in the suit.

(3.) The appellants are the legal representatives of the first defendant; and respondents 1 and 2 are legal representatives of the plaintiff in O.S. No. 88 of 1977 on the file of the learned Subordinate Judge, Erode, wherein, the plaintiff sought for specific performance to direct the first defendant therein to execute a sale deed in favour of the plaintiff therein with regard to the 'A' schedule property, based on an agreement dated 19-1-1975 entered into between the plaintiff and the first defendant therein; and for payment of Rs. 11,132.95 with interest, which was said to have been paid by the plaintiff to the Land Development Bank, Kangayam towards the loan availed by the first defendant from the said bank towards mortgage dated 18-7-1970 for a sum of Rs. 25,000/-, marked as Ex. A3, with regard to 'A' and 'B' schedule properties in excess of the sale consideraqtion agreed under the agreement dated 19-1-1975.