KRISHNAMMAL Vs. BALAKRISHNAN

JUDGEMENT

(1.) THE unsuccessful plaintiffs before the first appellate court is the appellant herein.

(2.) THE plaintiff filed the suit for specific performance of the suit agreement and for permanent injunction against the defendants from interfering with the possession of the plaintiff in the suit property.

(3.) ACCORDING to the plaintiff, the first defendant on 26. 6. 1978 representing himself as the Owner of the property bearing Plot No. 128a, Door No. 2, Jawahar Nagar, Jaffarkhanpet, Chennai-95, entered into an agreement with the plaintiff agreeing to sell the suit property for a sum of Rs. 2000/= and received an advance of Rs. 600/= and to receive the balance amount and complete the sale within 5 years from 26. 6. 1978. But when the plaintiff tendered the balance amount and called upon the defendants to execute the sale deed, the defendants failed and neglected to receive the balance and execute the sale deed as undertaken by them. On 22. 11. 1982, the second defendant, who is the wife of the first defendant sent a lawyer's notice representing that she is the owner of the property and that the plaintiff is only a tenant in respect of the vacant land o a monthly rent of Rs. 5/= and called upon the him to pay the rent and also to deliver vacant possession. Subsequent to the agreement, the plaintiff has put up construction of her own in the plot agreed to be sold out to the plaintiff and has been living there right from 26. 6. 1978. There is no relationship of landlord and tenant between them. Hence the suit.