M M RAGUNATHAN Vs. M M BASIRULLA DIED

JUDGEMENT

(1.) PLAINTIFF in O.S.No.94 of 1979, on the file of Subordinate Judge, Karur, is the appellant.

(2.) SUIT properties which are two shop rooms originally belonged to one Syed Ahamad Sahib, and on his death the properties devolved on his son Syed Gulam Rasool Sahib and two daughters Isathunnissa Begum (5th defendant) and Sathunnissa Begum. A partition was effected between the legal heirs of the original acquirer, and the suit properties were allotted to the two daughters. Sathunnissa Begum died, and her share in the property has devolved on defendants 1 to 4. 1st defendant is the husband of Sathunnissa Begum. Defendants 2 and 3 are the sons and fourth defendant is the daughter of Sathunnissa Begum.

(3.) THIRD defendant also supported the other defendants and contended that the suit is liable to be dismissed. In regard to Ex.A-4, third defendant has stated that he had given such a letter on 11.12.1978 to his father, first defendant, only to inform his father to have the terms, the date by which execution of sale should be fixed and also wanted that if and when such agreement is finalised, the agreement should be registered. In accordance with that understanding, he gave the letter Ex.A-4, asking his father to proceed with the further talks. He had asked his father only to have the original document written and kept for registration in terms of the agreement. He prayed for dismissal of the suit.