RAJAMMAL Vs. MARUDAMMAL

JUDGEMENT

(1.) Plaintiffs 2 to 5 are the appellants herein, and the defendant is the cross objector herein.

(2.) Both the second appeal and the cross objection have arisen from the judgment and decree of the learned Subordinate Judge, Ariyalur made in the first appeal preferred by the defendant.

(3.) The case of the plaintiffs is that the first plaintiff received a loan of Rs.1,000/- from the defendant's husband on 27.12.1968; that the same was a mortgage by conditional sale; that under the agreement dated 23.4.1969, the defendant has agreed to sell the property to the first plaintiff alone; that the first plaintiff was ready and willing to pay Rs.1,000/-; that the defendant was in possession of the property; that despite many demands, the defendant failed to complete the sale transaction, and hence, the suit property has to be handed over to the first plaintiff.