S.P. PALANISAMY Vs. ALAGAMMAL

JUDGEMENT

(1.) This Appeal Suit has been filed to set aside the Judgment and Decree dtd. 24/8/2015 passed in O.S. No. 199 of 2012 on the file of the learned II Additional District Judge, Salem.

(2.) The suit in O.S. No. 199 of 2012 was filed by the Plaintiffs for recovery of the sum of Rs.10,28,500.00 together with further interest at the rate of Rs.2.00 per Rs.100.00 per month from the date of plaint till realisation and to pay further interest till the date of realisation.

(3.) According to the Plaintiffs, the first Defendant was the owner of the properties which he had purchased through sale deed registered as Document Nos. 618 of 1990 and 805 of 1993. Further, there are some ancestral properties in which the Plaintiffs and his relatives Selvam, Jagathambal and their children are also having a share. All these properties put together were agreed to be sold by the first Defendant and his relatives by entering into an agreement of sale with the Plaintiffs, agreeing to sell it at the rate of Rs.12,250.00 per cent. The agreement dtd. 14/6/2006 was not registered. On the date of execution of the agreement of sale on 14/6/2006, the Plaintiffs paid Rs.5,00,000.00 as advance. Subsequently, the Plaintiffs were also put in possession of the plaint schedule property. After taking possession, the Plaintiffs have incurred huge expenses for levelling the land and divided the lands into plots. According to the Plaintiffs, one such plot was sold by them jointly with the Defendants for Rs.2,50,000.00 to one Ramayee, however, the Defendants have taken the entire sum of Rs.2,50,000.00 without paying any amount to the Plaintiffs. While so, one Sangeetha, relative of the Defendants raised a rival claim in the plaint schedule property. Asserting a right over the plaint schedule property, the said Sangeetha had executed an agreement of sale dtd. 4/9/2006 in favour of one Muthusamy for sale of 77 cents of land. On coming to know about the agreement of sale executed by the said Sangeetha, Plaintiffs called upon the Defendants to clear the encumbrance in the property and to execute a sale deed in their favour. In this context, a panchayat was convened on 29/3/2012 in which the Defendants agreed to pay Rs.4,20,000.00 with interest at the rate of Rs.2.00 per Rs.100.00 from 14/5/2007 onwards. Similarly, Jagathambal and Selvam have separately executed a consent deed agreeing to pay the sum of Rs.2,90,000.00 plus Rs.37,500.00 for the expenses incurred to level the land, to the Plaintiffs. Accordingly, on 8/10/2022, the above said Jagathambal and Selvam have paid the plaintiff a sum of Rs.6,98,700.00 towards principal and interest and on such payment, the Plaintiffs also returned the consent deed executed by them.