S GOPINATHAN Vs. MANNANGATTI PILLAI

JUDGEMENT

(1.) THE appellant in this appeal is the defendant in O.S.No.14 of 1982, on the file of the Sub -Court, Villupuram. The respondent in this appeal is the plaintiff in that suit. In this judgment parties to this appeal are referred to in the rank in which they are described in the suit.

(2.) THE plaintiff filed the suit O.S.No.14 of 1982 in the court of Sub -Judge, Villupuram (which was originally taken on file as O.S.No.156 of 1979 by the Sub -Court, Tindivanam) against the defendant claiming a decree for specific performance of the agreement dated 27.5.70. In fact this agreement referred to in the plaint and relied upon by the plaintiff is as an agreement for reconvenyance. This suit was decreed by the learned Subordinate Judge by judgment and decree dated 29.10.82. The defendant filed an appeal which was taken on file as A.S.No.28 of 1983 by the Additional District Judge, South Arcot, Cuddalore. The Appellate Judge by judgment and decree dated 15.9.83 affirmed the decree of the trial judge and dismissed the appeal. In this second appeal the defendant is questioning the correctness of the Judgment of the courts below and referred to above.

(3.) ONE Loganathan for himself and as guardian of his minor son sold the properties forming the subject matter of the suit (hereinafter referred to as the suit properties) under a registered deed of sale dated 25.7.70 for a consideration of Rs.20,000 in favour of the defendant. The defendant himself was a minor at that time and he was represented by his father and natural guardian in that document. On the same date of sale the defendant the then minor represented by his father and natural guardian entered into an agreement of reconveyance dated 27.5.70 with the said Loganathan. This agreement of reconveyance is marked as Ex.A. 1 in this case and the suit is laid on it.