LAWS(MAD)-2009-2-65

M GNANASAMBANDAM Vs. M RAJA APPAR

Decided On February 10, 2009
M. GNANASAMBANDAM (SINCE DECEASED) Appellant
V/S
M. RAJA APPAR Respondents

JUDGEMENT

(1.) THIS is an application taken out by the first defendant in the suit seeking rejection of the plaint under Order VII, Rule 11, C.P.C.

(2.) I have heard Mr. T.V. Ramanujun, learned Senior Counsel for the applicant and Mr.V.T.Gopalan, learned Senior Counsel for the respondents/plaintiffs.

(3.) AFTER the death of Mrs. Parvatham, a Memorandum of Understanding was allegedly entered into between her 2 sons, her daughter Madhuram Lakshman and the legal heirs of the pre deceased daughter Uma Devi. Under the said Memorandum of Understanding dated 24-9-2005, the parties are said to have agreed to give the aforesaid property to a builder for joint development and take the constructed area that would fall to the share of the owners, in the ratio of