M. MEENAMBAL Vs. A. BAMA

JUDGEMENT

(1.) The defendant in the suit in O.S. No. 38 of 1988 on the file of the Sub Court, Devakottai, is the appellant in the above appeal. Since the sole appellant died during the pendency of this appeal, the appellants 1 and 2 are brought on record as the legal representatives of the deceased sole appellant.

(2.) The suit in O.S. No. 38 of 1988 was filed by the sole respondent for specific performance of an agreement of sale dated 25.08.1986 and alternatively for directing the defendant to pay the plaintiff in the suit a sum of Rs. 49,240.00 with future interest at the rate of 12% per annum for the amount of Rs. 40,000.00. The suit is also for directing the defendant to pay a sum of Rs.8,000.00 for the use and occupation of the suit property from 25.08.1986 till 01.01.1988 and for other consequential reliefs.

(3.) The brief facts set out in the plaint are as follows: