GOVINDARAJU DIED Vs. RATHINAMMAL

JUDGEMENT

(1.) The plaintiff, who got a decree before the trial court in O.S.No.210/1982, on the file of the Sub-Court, Tirupur, which was reversed by the learned single Judge in A.S.No.630/1984, preferred the above appeal.

(2.) The plaintiff filed the said suit for specific performance of the agreement of the sale deed dated 12.9.1982 or in the alternative for recovery of a sum of Rs.1,19,000/- paid as advance.

(3.) The suit property originally belonged to one Murugesh as he purchased the same under Ex.B2. He settled the property under Ex.B1 in favour of his daughter, the 2nd defendant on 15.9.1973. The same was cancelled by Murugesh, her father, on 25.2.1975. Thereafter, an agreement was executed by Murugesh in favour of the 1st appellant under Ex.A3 on 12.2.1982. Time was extended to perform the contract by making endorsement under Ex.A4, dated 9.5.1982. Under Ex.A5, a sum of Rs.82,000/- was paid by the 1st appellant to Murugesh and possession was given by executing 'Athakshi'. Subsequently, under Ex.A6, dated 12.9.1982, a fresh agreement was entered into between the 1st appellant and Murugesh. The said Murugesh died on 27.10.1982. Thereafter, notices were issued asking the respondents to execute the sale deed after receiving the the balance amount of Rs.5,000/-, which was not accepted by the respondents and so the 1st appellant filed the said suit.