MANICKA GOUNDER Vs. LAKSHMI AMMAL

JUDGEMENT

(1.) THE plaintiff in O.S. No. 71 of 1987 on the file of the District Munsif, Tiruthuraipoondi is the appellant in S.A. No. 13 of 1996. THE plaintiff in O.S. No. 70 of 1987 on the file of the District Munsif, Tiruthuraipoondi is the appellant in S.A. No. 926 of 1996. THE respondent is common in both the matters. THE cases are also identical in respect of both the appellants. Both the plaints were presented on 23.2.1987. Wherever necessary the difference if any, will be pointed out. In the course of the judgment we will refer to the parties by their names for the sake of convenience.

(2.) VEDAMBAL filed O.S. No. 70 of 1987 against Lakshmi Ammal for specific performance for sale of an extent of 1 acre 46 cents in R.S. No. 195/1 in Kathiripulam Village, Vedaranyam Taluk in Nagai District with mango and coconut trees thereon on the following averment.

(3.) VEDAMBAL filed a reply statement to the following effect. It was not correct to say that the power deed given to Duraivel had not been properly stamped. The power deed was either with Duraivel or with Lakshmi Ammal, she was bound to produce and prove her contention. She had admitted that she had authorised her son Duraivel to sell the suit property. Now she was attempting to take unfair advantage of the retention of the power deed with her by contending that it had not been duly stamped. Since the original power deed was with Lakshmi Ammal and not with VEDAMBAL, there were a presumption that the power deed was duly stamped. Mariappa Gounder died only after the sale deed dated 29.3.1980. It could not be contended that the power deed had become invalid on the date of the sale deed. It would also not become invalid by reason of the death of one of the principals. VEDAMBAL would lead evidence to show that she had paid the entire sale consideration by making remittances to the Bank to the credit of Duraivel. The various letters written by Duraivel to Manicka Gounder would falsify the contentions of Lakshmi Ammal set out in her written statement. As early as 17.11.1985 he had agreed to have the name transferred for the suit property if the required sum had been remitted in the bank. The letters would also prove that possession of the suit property had been given to VEDAMBAL and Manicka Gounder.