P P SRINIVASA BATTACHARIAR Vs. PARAMASIVAM

JUDGEMENT

(1.) THE unsuccessful plaintiff is the appellant.

(2.) THE case in brief is as follows: THE plaintiff filed a suit for permanent injunction. THE suit property is a portion situate in Periyeri Village, Salem Town, Ward D, Block 19 T.S.No.36. THE property originally belonged to one Maruthai Ammal, wife of Seguva Pillai and Sakunthala and Lakshmi are two daughters. THEy are the legal heirs of one Dhanalakshmi Ammal. THE 1st defendant entered into an agreement with the owners of the property to purchase the entire area measuring 59 cents. He is a real estate dealer, doing business. THE property was put in possession of the 1st defendant by the owners in pursuance of the agreement of sale. THE 1st defendant levelled the lands and divided into house plots and laid reads. He entered into an agreement with the plaintiff to sell plot No.70 as vacant site at the rate of Rs.6 per sq.ft. on 21.6.1977. THE plaintiff paid Rs.501 by way of advance and entered into an agreement with the 1st defendant to purchase Plot No.71 on 12.1.1980 and paid an advance of Rs.6,750. THE plaintiff was put in possession of plots in pursuance of the agreements of sale on the respective dates. THE plaintiff is in possession and enjoyment of these properties. He dug a well and constructed building and also a compound wall. THE building was assessed for property tax by Salem Municipality. THE plaintiff has been paying the property tax also. He is in lawful possession and enjoyment of the property. THE 1st defendant has to execute sale deed after receiving the balance sale price within six months. After the agreement, there was dispute between defendants 2 to 5 and there were suits. THE plaintiff is always ready and willing to pay the balance of sale price and to take the sale deed. As the first defendant has not yet got title from defendants 2 to 5 the performance of the contract is pending. THE defendants have no right to interfere in the possession and enjoyment of the plaintiff and, hence, the suit.

(3.) THE points that arise for consideration are: (1) Whether the plaintiff is entitled to the relief of permanent injunctione and (2) To what reliefe