THIRUNAVUKARASU Vs. MARIYAYEE AMMAL

JUDGEMENT

(1.) O.S. 612 of 1981, on the file of District Munsif's Court, Tiruchi, was filed by appellant for specific performance of an agreement for sale. Third defendant in that case has filed O.S. 1677 of 1982, on the file of the same Court, for redemption, and the mortgagee is none other than the plaintiff in O.S. 612 of 1981.

(2.) SCHEDULE property is the same in both the cases, and it originally belonged to defendants 1 and 2 in O.S. No. 612 of 1981. They had executed an "Othi" in favour of plaintiff in O.S. 612 of 1981, and he is in possession. It is the case of the plaintiff therein that on 27-11-1977, defendants 1 and 2 who are the owners entered into an agreement for sale, agreeing to convey the plaint property for Rs. 14,000/-. Out of the sale consideration of Rs. 14,000/, Rs. 5,500/-, which is the mortgage amount, and also another sum of Rs. 1,500/- for alleged improvements effected by the plaintiff were agreed to be adjusted, and the balance amount of Rs. 7,000/- was to be paid by plaintiff for getting the sale deed. Even on 27-11-1977, the parties agreed to have the sale deed executed within two or three days. On the next day, defendants 1 and 2 sent word through a common mediator to have the sale deed executed on the expiry of the term of the mortgage, i.e., on 12-9-1981. In the meanwhile, defendants 1 and 2 have sold the property to third defendant. It is the case of the plaintiff that the sale in favour of the third defendant is not valid and he is not a bona fide purchaser for value. The suit was, therefore, filed for specific performance of the oral agreement for sale.

(3.) WHILE narrating the facts, I have already said that defendants 1 and 2 had executed an "othi" in favour of plaintiff. After purchasing the property, third defendant filed O.S. 1677 of 1981 for redemption. That was allowed. Appeal preferred by plaintiff as A.S. No. 191 of 1987 on the file of 1st Additional District Judge, Tiruchy, failed. It is against the concurrent judgment, S.A. 1609 of 1989 has been filed.