S.V. KRISHNASWAMI AND OTHERS Vs. MUNIAN

JUDGEMENT

(1.) S.A. No. 210 of 1980 is filed by the defendants in O.S. No. 466 of 1976 challenging the legality and correctness of the judgment of the District Judge of Salem in A.S. No. 6 of 1979. Similarly S.A. No. 694 of 1980 is filed by the same set of parties challenging the legality and correctness of the judgment of the Subordinate Judge of Salem in A.S. No. 98 of 1978.

(2.) The facts of the case are briefly as follows:- The respondent herein filed the suit O.S. No. 466 of 1976 on the file of the Subordinate Judge of Salem praying for specific performance of the agreement of sale in respect of the properties described in Schedule A to the plaint. The said agreement is executed by the first defendant S.V. Krishnasamy and the same is marked as Ex. A1. Ex. A1 is dated 17-6-1975. By means of the endorsement made in the agreement Ex. Al, marked as Ex. A2, dated 10-3-1976, the period of the agreement was extended by three months i.e. upto 10th May, 1977. According to the plaint allegations subsequent to the agreement, the respondent came to know that the lands described in Schedule 'B' are 'D' card lands which, are conditionally assigned to the said S.V. Krishnasami that he should not alienate the same for the period of ten years. Hence the respondent herein filed the suit O.S. No. 466 of 1976 for specific performance of the agreement in respect of the A Schedule lands alone. He valued the A Schedule lands at Rs. 4,000.00 and prayed for the refund of the sum of Rs. 2,000.00 out of the advance of Rs. 6,000.00 paid by the respondent.

(3.) The case of the appellants before the trial Court was that they are the owners of the entire property and they are entitled to execute the sale deed and the respondent is not entitled to the specific performance of the A Schedule property alone. The trial Court after considering the oral and documentary evidence let in came to the conclusion that the B Schedule lands are 'D' card lands which cannot be alienated by the appellants. The trial Court also accepted the evidence of the respondent and his witnesses that the value of the lands comprised in Schedule A is Rs. 4,000.00 and accordingly passed a decree for specific performance and for return of the sum of Rs. 2,000.00.