PERIYANNAN (DIED) Vs. PALANISAMY (DIED)

JUDGEMENT

(1.) The subject matter of these two second appeals is in respect of 4.30 acres of land out of 17.59 acre in R.S.No. 46 of Puthupettai Village, Namagiri Pettai, Salem District. Two suits for specific performance, one in O.S.No. 139 of 1983 by Periyannan and another suit in O.S.No. 140 of 1983 by Ponnan @ Ramasamy Gounder were filed against the vendor Natesa Pandaram pleading that the said Natesa Pandaran executed two sale agreements dated 29.04.1982 one in favour of Periyannan, the plaintiff in O.S.No. 139 of 1983 in respect of 2.15 acres and another in favour of Ponnan @ Ramasamy Gounder, the plaintiff in O.S.No. 140 of 1983 in respect of another 2.15 acres of land.

(2.) In respect of the very same property a counter claim was laid by one Palanisamy and Ramasamy based on the specific performance decree passed in O.S.No. 322 of 1985 on the file of the Sub court, Namakkal.

(3.) The litigation over title and possession between the parties began with filing of specific performance suit in O.S.No. 139 of 1983 by Periyannan and O.S.No. 140 of 1983 by Ponnan @ Ramasamy Gounder against Natesa Pandaram on the averments that the suit property which was originally of larger extent consisting of 17.59 acres was divided into 2 portions among the father and son namely Natesa Pandaram and Suyamprakasham. The said Natesa Pandaram was allotted to the western portion and his son Syuamprakasham was allotted in the eastern portion as per the partition deed 30.06.1966. From out of his share, the said Natesa Pandaram agreed to sell 2.15 acres of land to Periyannan on 29.04.1982 and another 2.15 acres of land to Ponnan @ Ramasamy Gounder on the very same day. Both the agreements were registered. Under the said agreements, the time for completion of contract was fixed as six months for the sale consideration of Rs.31,500.00 out of which advance of Rs. 2,500.00 was received by Natesa Pandaram. In both sale agreements the terms and conditions are identical.