D MEGANATHAN Vs. ANNAMMAL

JUDGEMENT

(1.) THE earlier C. R. P. No. 1372 of 2004 is filed by the plaintiff in O. S. No. 831 of 1988 aggrieved against the order dated 23. 12. 2003 in I. A. No. 1653 of 2003 on the file of District Munsif Court, Poonamallee. The later C. R. P. No. 1373 of 2004 is filed by the same revision petitioner, who is the first defendant in O. S. No. 1016 of 1987 aggrieved against the order dated 23. 12. 2003 in I. A. No. 2465 of 2003 on the file of the District Munsif Court, Poonamallee.

(2.) THE revision petitioner filed the suit O. S. No. 831 of 1988 for specific performance of the contract of sale agreement dated 15. 3. 1985, as per which, the defendants along with one Viswanathan, agreed to sell the property in favour of the plaintiff. The plaintiff's father, Dharman, the first defendant's husband Ranganathan and Viswanathan are brothers. In view of the close relationship of the parties, Ranganathan and Viswanathan executed the sale agreement in favour of the plaintiff on 15. 3. 1985 agreeing to sell the suit property being joint family property purchased for the benefit of joint family from and out of joint family funds jointly in the names of Ranganathan and Viswanathan. The suit was filed on 26. 2. 1988.

(3.) THE suit O. S. No. 831 of 1988 was resisted in the written statement filed by the second defendant in January 1990 admitting the sale agreement and stating that since the sale deed was not executed pursuant to the agreement within the stipulated time of one year, the agreement was cancelled through notice dated 5. 5. 1987 and so the plaintiff cannot claim the specific performance as sought for in the suit.