ANILA ANN KURUVILLA Vs. MENAKABAI S. NIKAM

JUDGEMENT

(1.) Challenge has been made to the decree and judgment of the trial Court dismissing the suit filed by the plaintiffs for declaration and permanent injunction, in the present appeal .

(2.) The parties are arrayed as per their own ranking before the trial Court.

(3.) [i] It is the case of the plaintiffs that an extent of 1508 sq.ft. of vacant land is a part and parcel of larger extent of land measuring 3020 sq.ft. which was originally owned by one Ranganayaki Ammal along with her husband Mr.D.P.Krishnaswamy Naidu, they sold the property as plot No.4 measuring to an extent of 3020 sq.ft. by a sale deed dtd. 22/1/1972 in favour of one Venugopal and Giridhar Babu. Thereafter, an extent of land measuring 1508 sq.ft. has been sold in favour of Subash Kumar S.Nikam, son of the first defendant and husband of the second defendant and father of the defendants 3 to 5 by way of a sale deed dtd. 12/3/1984. The said Subash Kumar S.Nikam approached K.M.Thomas, the father of the plaintiffs and agreed to sell the property for a total sale consideration of Rs.30,000.00. The sale consideration has been paid on various dates and original documents have also been handed over to the plaintiffs' father. The plaintiffs' father was also put in possession of the property as part performance of the contract. The remaining sale consideration of Rs.5000.00 alone has to be paid.