P SAMIAPPA GOUNDER Vs. P K RAJAN

JUDGEMENT

(1.) THE defendants 1 to 3 have preferred the appeal in A. S. No. 2 of 1992 and the 6th defendant has preferred the appeal in A. S. No. 544 of 1992 challenging the decree and judgment passed by the II Additional Subordinate Judge, Erode in O. S. No. 425 of 1987 dated 23. 9. 1991.

(2.) THE first respondent/plaintiff entered into an agreement of sale with the appellants in A. S. No. 2 of 1992 (hereinafter referred as defendants 1 to 3) on 30. 5. 1986 with reference to the suit property measuring 4727-1/2 sq. ft. out of 1. 18 acres at the rate of Rs. 43/- per sq. ft. and also paid Rs. 25,000/- as advance of the sale price on the date of the agreement and agreed to pay another sum of Rs. 25,000/- on or before 30. 6. 1986 and to pay the entire balance within 5 months from the date of the agreement and complete the contract. Though the plaintiff paid the said sum of Rs. 25,000/- on 28. 7. 1986 after a delay of about one month, the defendants 1 to 3 accepted the same and since the plaintiff failed to pay the entire balance amount within 5 months from the date of the agreement, the defendants 1 to 3 rescinded the contract and sold the property to the 6th defendant, who is the appellant in A. S. No. 544 of 1992.

(3.) THEREFORE the plaintiff was constrained to file the suit for specific performance against the defendants 1 to 3 and 6. As the other two defendants 4 and 5 claimed rights over the suit property in the suit filed by them for partition and separate possession of their shares, they are made parties to the suit.