M RANGAMMAL Vs. B BALAVENKATESAN

JUDGEMENT

(1.) A.S. No.535 of 1984 arises out of O.S. No.657 of 1976 and A.S. No.596 of 1984 arises out of O.S. No.546 of 1981. There was a joint trial and common judgment. O.S. No.657 of 1976, filed on 23.9.1976, is a suit for specific performance of an agreement for sale of the property set out in the schedule to the plaint. O.S. No.546 of 1981, filed on 28.1.1983, is for partition and separate possession of several items of properties, one of the items being the subject matter of O.S. No.657 of 1976.

(2.) THE plaintiff in O.S. No.657 of 1976 is the 10th defendant in O.S. No.546 of 1981. THE 8th defendant in O.S. No.657 of 1976 is the plaintiff in O.S. No.546 of 1981. Defendants 1 to 5 in O.S. No.657 of 1976 are defendants 1 to 5 in O.S. No.546 of 1981. Defendants 6 and 7 in O.S. No.657 of 1976 are defendants 7 and 8 in O.S. No.546 of 1981. Defendants 11 to 14 in O.S. No.657 of 1976 who are defendants 11 to 14 in O.S. No.546 of 1981 are the legal representatives of the sixth defendant/ Maruthappan alias Kulandaiappan. THE 9th defendant in O.S. No.657 of 1976 is the 6th defendant in O.S. No.546 of 1981. THE 10th defendant in O.S. No.657 of 1976 is Indian Overseas Bank and it is not a party in the other suit, while one Pandu Rangan a lessee is the 9th defendant in O.S. No.546 of 1981 and he is not a party in O.S. No.657 of 1976.

(3.) DEFENDANTS 1 to 5 filed an additional written statement on 3.9.1980 contending that the suit property was the self acquired property of Rangasamy Konar; the plaintiff was never ready and willing to pay the amount due to the 10th defendant/ bank; he had no business to deposit the decree amount in O.S. No.351 of 1976; it was only at his risk he had deposited the decree amount; they were not liable to pay any amount to the plaintiff; the suit was liable to be dismissed.