P. BALASUBRAMANIAN Vs. KALIAMMAL

JUDGEMENT

(1.) The above said appeal and revision arising out of common facts and order passed by the trial Court. Hence, the common judgment.

(2.) The brief facts of the case is that, one Mr. Appia Gounder died on 10.02.1986 leaving behind two sons, one daughter and some immovable properties for them to litigate. On 14.10.1988, his two sons Mr. S.A. Kalimuthu and Mr. S.A. Veluchamy effected partition among themselves excluding their sister Ms. Kaliammal. On 22.02.2001, Mr. S.A. Kalimuthu and Mr. S.A. Veluchamy have also entered into an agreement with one Mr. Balasubramanian, the appellant in A.S. No. 57 of 2013 and petitioner in CRP No. 2676 of 2011 to sell 13.86 acres in S.No. 299/2, Miwadi Village, Udumalpet Taluk, which is the subject matter of the present Appeal and Revision. The value of the property was fixed at Rs. 4,95,495/- and a sum of Rs. 50,495/- was given as advance by the appellant/petitioner. The time to complete the contract was earlier fixed as three months which was likely to explore on 21.05.2001. Before expiry, the time for completion of contract was extended upto 20.10.2007.

(3.) In the mean while, Ms. Kaliammal, daughter of Mr. Appia Gounder has filed a suit for partition against her brothers Mr. S.A. Kalimuthu and Mr. S.A. Veluchamy in O.S. No. 137/2001 on the file of learned District Munsif, Udumalpet. The suit was filed on 26.04.2001. This partition suit was contested for merely 5 years and subsequently, a compromise decree was passed on 05.01.2006, by consent of the parties. Mr. S.A. Kalimuthu and Mr. S.A.Veluchamy who were defendants in the said suit had not considered their agreement with Mr. Balasubramanian but, conveniently, conceded their right to Ms. Kaliammal in respect of the property which they have also entered into agreement for sale with Mr. Balasubramanian.