GANGA REDDIAR Vs. SHANTHAMMAL

JUDGEMENT

(1.) THE lower appellate Court has reversed the judgment of trial Court and arrived at conclusion clearly unsupported by pleadings and evidence.

(2.) THESE four appeals arise out of two suits. O. S. No. 33 of 1987 was filed for specific performance. The reference to the parties in these appeals will be as per their ranks in this suit. The second defendant filed o. S. No. 139 of 1992 for injunction against the plaintiff and the first defendant.

(3.) ACCORDING to the plaintiff, the first defendant is the absolute owner of the suit properties. He mortgaged the properties to the plaintiff on 10. 3. 1983 under Ex. A1. , after receiving a loan of Rs. 25,000/- to be repaid with interest at 12% p. a. According to him, after mortgage, the possession of the properties were also handed over to the plaintiff. Subsequently, the plaintiff and the first defendant entered into a sale agreement on 23. 8. 1983 under Ex. A2 and the sale consideration was fixed at Rs. 30,000/ -. The mortgage amount of Rs. 25,000. /- was treated as advance. Under the sale agreement, the first defendant had confirmed the possession of the plaintiff with respect to the suit properties and the original title deeds were also handed over to the plaintiff. Four year period was fixed for payment of the balance of rs. 5,000/ -. The plaintiff pleaded readiness and willingness to pay the said amount. However, the first defendant was postponing to perform his part of contract.