D. DAKSHINAMOORTHY AND ORS. Vs. RANJITHAM AND ORS.

JUDGEMENT

(1.) The Civil Suit is filed by the plaintiffs to direct the defendants to receive the balance sale consideration of Rs. 13,42,875/ - and execute a sale deed in respect of the B Schedule property in favour of the plaintiffs or their nominees pursuant to the agreement of sale deed dated 21.10.2005, failing which, this Court may execute the sale deed in favour of the plaintiffs or their nominees upon their depositing the balance sale consideration to the credit of the above suit, and to pay costs to the plaintiffs.

(2.) It is the case of the plaintiffs that the land measuring 1.29 acres comprised in S. Nos. 38, 39/2 and 45, Jambuli Village, Fort Tondiarpet Taluk, Chennai, originally belonged to Ponnusamy Naicker, who purchased the same under various sale deeds. The said Ponnusamy Naicker's wife Unnamalai Ammal also purchased an extent of land measuring 1.07 acres under two sale deeds. One of the sons of the said Ponnusamy Naicker, namely Ayyadurai Naicker purchased from out of his earnings an extent of 8 cents in S. No. 45, Jambuli Village under sale deed dated 05.09.1974 and he also purchased an extent of 47 cents in S. Nos. 31/2 and 43 cents in S. No. 39/3, Jambuli Village under sale deed. It is further stated that the aforesaid persons were in possession and enjoyment of their respective properties eversince. The said C. Ponnusamy Naicker died on 11.08.1977, leaving behind him surviving as his legal heirs, his wife Unnamalai Ammal, his sons Ayyadurai, Vembuli, Varadan, Mahalingam, Ranganathan and daughters Kamakshi and Sivakami. On his death, eight legal heirs each became entitled to 1/8th undivided share in his property, i.e. 1.29 cents. It is further stated that one of the sons of Ponnusamy Naicker, namely Vembuli died on 29.11.2001, leaving behind him surviving as his legal heirs his wife Gangammal, his daughters Kasturi, Devika, Dhanalakshmi and Sakunthala, a son Sankar and his mother Unnamalai Ammal. The said Unnamalai Ammal thereafter became entitled to 1/7th undivided share in her husband's property. The said Unnamalai Ammal died on 16.08.2003, leaving behind her sons and daughters and the legal heirs of the deceased son Vembuli as her legal heirs. Therefore, on her death, her legal heirs (six children and the branch of Vembuli) became entitled to 1/7th undivided share in her property measuring 1.07 acres. Her 1/7th undivided share in her husband's property also devolved on her sons, daughters and grand -children through Vembuli with each branch becoming entitled to 1/49 undivided share. Thus, the said Ayyadurai became the owner of 57/392 undivided share in his father's property (i.e. his already existing 1/8th as also 1/49th share inherited from his mother).

(3.) It is the further case of the plaintiffs that on 18.09.2004, the said Ayyadurai Naicker died leaving behind him surviving his wife Ranjitham (first defendant), his daughter Meera (second defendant), sons - Gopu (third defendant), Sekar (fourth defendant), Shanmuga Sundaram (fifth defendant), Paneerselvam and Rukmangathan as his legal heirs. On his death, the legal heirs of Ayyadurai Naicker became entitled to 1/7th undivided share in the property measuring 98 cents purchased in his name from out of his self -acquired earnings and they also became entitled to 57/2744th undivided share each in Ayyadurai Naicker's father's property and 1/49th undivided share each in Unnamalai Ammal's property. All the legal heirs of late Ponnusamy Naicker and Unnamalai Ammal got together, i.e. Varadan, Mahalingam, Ranganathan, Kamakshi, Sivakami (all sons and daughters of Ponnusamy Naicker), Gangammal, Kasturi, Devika, Dhanalakshmi, Sakunthala, Sankar (wife, daughters and son of late Vembuli), Ranjitham, Meera, Gopu, Sekar, Shanmugasundaram, Paneerselvam and Rukmangathan (wife, daughter and sons of late Ayyadurai Naicker) and decided to sell the properties. Hence, they entered into an agreement of sale on 21.10.2005 with the plaintiffs herein with respect to an extent of 2.02 acres in S. Nos. 38, 45 part, 39/2 and 39/3, Jambuli Village, Tondiarpet Village (described in A -Schedule property). Out of these survey numbers, the defendants herein and the aforesaid Paneerselvam and Rukmangathan are the owners of 43 cents comprised in S. No. 39/3 and 57/2744th undivided share each and 1/49th undivided share each in the remaining extent of land measuring 1.59 acres in S. Nos. 38, 45 part and 39/2.