M C MANICKAM CHETTIAR Vs. INDRANI KARMEGAM

JUDGEMENT

(1.) THIS appeal is focussed as against the judgment and decree dated 12.09.2000 in O.S.No.47 of 1990 on the file of the II Additional Sub Judge, Madurai.

(2.) THE parties, for convenience sake, are referred to hereunder according to their litigative status before the trial Court.

(3.) PER contra, denying and disputing the averments/allegations in the plaint, the first defendant filed the written statement which would run thus: On 25.09.1989, the plaintiff expressed his willingness to purchase the suit property and paid a meagre amount of Rs.1,001/- to the first defendant and in token of it, a voucher emerged. Even though, the plaintiff agreed to purchase the suit property on or before 04.10.1989, he had committed default as he had no money to purchase. There was no valid agreement to sell between the first defendant and the plaintiff. The voucher will not constitute an agreement to sell. The southern half portion of the suit property was sold to the second defendant for valuable consideration so as to meet the first defendant's urgent family expenses. The remaining portion was sold to the fifth defendant for valuable consideration. Accordingly, the first defendant prayed for the dismissal of the suit.