DEIVANAI AMMAL Vs. JEYALAKSHMI

JUDGEMENT

(1.) The Appellant / defendant in the Suit filed this Appeal Suit as against the judgment and decree in O.S.No.205 of 1989, on the file of the Sub Court, Tenkasi, dated 10.11.1993.

(2.) The respondent / plaintiff has filed the Suit directing the appellant / defendant to execute a register sale deed, in favour of the plaintiff, as per the agreement for sale, dated 17.06.1986 in respect of suit schedule properties and for costs.

(3.) Briefly the case of the respondent / plaintiff stated in the plaint is that the Suit properties were originally belonged to one Muthiah Reddiar, as per compromise decree in O.S.No.64 of 1964, on the file of Sub Court, Tuticorin. On 31.03.1966, the said Muthiah Reddiar executed a registered settlement deed in favour of appellant / defendant. As per the settlement, the settlor and settlee should enjoy the properties jointly till the life time of settlor and on his death, the properties should go to the settlee viz., the appellant / defendant absolutely. Accordingly, both the settlor and settlee jointly enjoyed the properties, till settlor's death on 04.05.1984 and after his death, the appellant / defendant got the properties absolutely. During the life time of Muthia Reddiar, both the above said Muthia Rediar and the appellant / defendant entered into agreement for sale with the respondent / plaintiff on 06.04.1984 agreed to sell the suit properties for a sum of Rs.60,000/-. On the date of agreement, received a sum of Rs.10,000/- from the respondent / plaintiff. and the balance sale consideration of Rs.50,000/- should be paid and sale completed on or before 06.04.1984.