JANAKI AMMAL (DIED) Vs. AMSAVENI

JUDGEMENT

(1.) The 6 th defendant in O.S. No. 137 of 1986 on the file of the Sub Court, Vellore is the appellant herein.

(2.) O.S. No. 137 of 1986 had been filed by G.R. Ethiraj, whose legal representatives are the 3 rd to 7 th respondents in the second appeal, originally against Padmavathi Ammal, who died pending the suit and whose legal representatives had been impleaded as 4 th and 5 th defendants, Amsaveni and Saroja, the 1 st and 2 nd respondents in the second appeal, and against T.M. Govindasami Mudaliar, who also died pending the suit, without leaving behind any legal representative and against T.M. Thiruvengada Mudaliar, whose wife was later impleaded as the 6 th defendant, the appellant herein, seeking performance of an agreement of sale dtd. 6/6/1983 with respect to the property described in the 'A' Schedule to the plaintiff, namely, 2.56 3/4 acres of land in S. Nos. 714/59, 714/51 and 714./46 in Katpadi, Vellore District.

(3.) By judgment dtd. 30/11/1998, the learned Sub Judge, Vellore, decreed the suit, but without costs, and directed specific performance of the agreement by the defendants by executing sale deed in favour of the plaintiff within a period of two months, and further directed the plaintiff to deposit the balance sale consideration within one month.