M SUBBAIAH Vs. P ARUMUGAKANI AND ORS

JUDGEMENT

(1.) The application is filed seeking permission to file additional written statement in the civil suit.

(2.) The applicant is the defendant who faces a trial in a case launched by the respondents/plaintiffs seeking specific performance of the agreement of sale. At the stage where the plaintiffs evidence was closed the applicant has come forward with the application seeking the aforesaid relief.

(3.) The applicant has contended that the deceased plaintiff brought the agreement of sale typed and obtained his signature. He was, in fact, not conversant with the drafting of the agreement with the little knowledge in Tamil-. A xerox copy of the document of title to the suit property was handed over to the deceased plaintiff. The agreement of sale reads that the applicant/defendant is the owner not only of the land but also of, the building. In reality, the applicant/defendant has only possessory right in respect of the site which belongs to Wakf Board. The predecessor-in-title of the applicant/defendant purchased only the possessory title in the land under the sale deed dated 31.5.1996. The introduction of amendment to Section 22-A of the Registration Act, 1908 prohibits conveyance of properties assigned to or held by the Tamil Nadu Wakf Board. The contract of sale in respect of the land has become impossible of performance. Therefore, the applicant/defendant seeks permission to file additional written statement.