XAVIER CARDOZA (DIED) Vs. KOVILPILLAI NADAR

JUDGEMENT

(1.) The first defendant in O.S.No.61 of 1986 on the file of the Subordinate Judge, Tuticorin is the appellant herein. He has filed this appeal challenging the judgment and decree dated, 12.08.1992 passed in the said suit.

(2.) O.S. No. 61 of 1986 had been filed by the 1st to 11th respondents herein for specific performance of appellants dated 09.04.1983 and 16.6.1983 against the deceased first appellant, who was the 1st defendant in the suit and the 12th to 15th respondents herein, who were the defendants 2 to 5 in the suit and for recovery of sum of Rs. 81,300.00 together with interest from the deceased first appellant who was the first defendant.

(3.) The suit property consisted of A,B and C schedules. The A Schedule property was land and building in which the plaintiffs claimed an undivided 1-1/2 share. The suit property was situated in Tuticorin Town, bearing Municipal numbers 92 B, 93, 93 A, 93 C, 93/1, 93/2C, 93/3 and 93/4. It was called the Joseph Talkies. The 'B' Schedule was 1-1/2 share in the furniture and other movables in Joseph Talkies. The 'C' Schedule is right to manage the Theatre called Joseph Talkies Talkies. In the plaint, which has been filed by the 11 plaintiffs, they have claimed that said Joseph Talkies was owned by the first defendant, Xavier Cardoza, who was the deceased first appellant herein. However, the 2nd to 4th defendants were in management of the said theatre. There was earlier suit between the first defendant and the second defendant and in the same, fifth defendant B.Natarajan was appointed as receiver for management of the Theatre.