VISWANATHAN Vs. R LAKSHMI AMMAL DEED

JUDGEMENT

(1.) A.S.No.89 of 1983 arises out of a suit for specific performance of an agreement dated 14.12.1977 marked as Ex.A-1 between plaintiffs 1 to 4 and defendants 1 and 2. The plaintiffs are aggrieved by the dismissal of the suit. A.S.No.85 of 1983 arises out of a suit for recovery of a sum of Rs.39,150 representing the arrears of rent from 11.2.1978 to 1.8.1979 at the rate of Rs.4,350 per mensem and interest thereon. The suit had been decreed and the aggrieved defendant is the appellants. The fifth plaintiff in the suit for specific performance is the defendant in the suit for recovery of money. Defendants 1 and 3 in the suit for specific performance are plaintiffs 1 and 2 in the suit for recovery of money. The parties are referred in this judgment according to their ranking in the suit for specific performance. First plaintiff is the father of plaintiffs 2 to 5 and defendants 1 and 3 are the wives of the second defendant. Fourth defendant is a lessee of a portion of the suit property.

(2.) THE second defendant had been running a spinning mill by name "Sri Ramachandra Textiles" in partnership with somebody else. THE plant and the machinery in the mill belonged to him. He gave the said machinery on lease on 5.9.1975 under Ex.A-23 to the fifth plaintiff for a period of five years. On the same day, the defendants gave a lease of land and buildings to the 5th plaintiff. Defendants 1 and 2 entered into agreement for selling the machinery to the fifth plaintiff and one Mr.Mani under Ex.B-8 on 27. 10.1977 for a total sum of Rs.2,75,000.A sum of Rs.50,000 was paid by way of advance. Another agreement on the same day between defendants 1 and 2 on the one hand and plaintiffs 1 to 4 on the other was entered into for the sale of the land and building in S.No.6/4 of an extent of 10.80 acres which is described fully in the plaint schedule. THE total consideration was fixed at Rs.4,25,000 and sum of Rs.50,000 was paid in advance. Subsequent thereto, a cheque was issued on 30.11.1977 by the fifth plaintiff for a sum of Rs.50,000 in favour of the first defendant as further advance towards the sale consideration. That cheque was admittedly dishonoured and on 1.12.1977, the second defendant wrote to the first plaintiff and Mani under Ex.B-10 informing them of the dishonouring of the cheque and also calling upon them to complete the transaction by paying the entire balance.

(3.) . On 15.12.1977 an application was made for permission to transfer the property under the provisions of Urban Land Ceiling Act. A draft sale deed attached thereto shows that the purchasers shall pay a sum of Rs.50,000 towards the consideration before 15.1.1978. The claim of the plaintiffs 1 to 4 is that they made payments after that date towards the consideration under both the agreements and at the time of the suit, the balance that remained to be paid was only a small amount.