L SAIRAM Vs. A N MUTHUSAMY(DIED)

JUDGEMENT

(1.) The dispute between the parties is in respect of the property sold by Lakshmanan Chettiar to Muthusamy Chettiar.

(2.) Based on the agreement dated 08.07.1086 entered between the above mentioned persons, suit for specific performance O.S.No.133 of 1988 on the file of the Sub-Court Gobichettipalayam was filed and culminated in decree in favour of the buyer Lakshmanan Chettiar. Later in E.P.No.3 of 1989 sale deed got executed through Court on 26.04.1998. The delivery of possession recorded on 19.04.1991 and confirmed on 03.05.1991. Thereafter, in O.S.No.442 of 1991 [Renumbered as O.S.No.175 of 1995] for permanent injunction was filed by Lakshmanan Chettiar alleging attempt to dispossess. Interim injunction was also granted.

(3.) Meanwhile, a partition Suit in O.S.No.120 of 1990 disputing alienable right of their father Lakshmanan Chettiar was filed by L.Ramesh and L.Sairam. Besides relying upon the compromise deed dated 18.10.1992 asserting possession, the sons of Lakshman Chettiar namely L.Ramesh and L.Sairam had filed O.S.No.95 of 1993 seeking permanent injunction.