LAWS(PVC)-1932-11-73

AKSHAYALINGAM PILLAI Vs. AVYAMBALAMMAL

Decided On November 04, 1932
AKSHAYALINGAM PILLAI Appellant
V/S
AVYAMBALAMMAL Respondents

JUDGEMENT

(1.) An important question has been raised as to the right of a defendant after judgment in a suit for specific performance.

(2.) The facts which gave rise to the application made in the Lower Court, so far as they are relevant to the present purpose, may be briefly stated. The plaintiff-purchaser obtained in O.S. No. 70 of 1923 (that was the suit in which the application was made) a decree for specific performance of the contract referred to in the pleadings, to sell immoveable property. The 1st defendant was the vendor under the contract, and defendants 7, 8 and 13 are alienees of different portions of the property from the 1 defendant with notice of the contract. On the 31 March, 1926, the following decree was made by the Subordinate Judge's Court of Mayavaram: 1. That the plaintiff do deposit in Court within six months from this date Rs. 5,500 with interest at 11 annas per cent. per mensem from 17 December, 1913, to date of deposit. 2. That on deposit the 1 defendant on his behalf and on behalf of his sons, defendants 2 to 5 and defendants 7, 8 and 13 do execute and register a conveyance in respect of their respective properties in the plaint (less the items adjudged as lost to the plaintiff by reason of the finding on issue 16) ; that the deed of conveyance shall be joint or several according as the plaintiff desires and that all costs in connection with the execution and registration of conveyance shall be borne by the plaintiff.

(3.) That the plaintiff do get possession of the properties with mesne profits to be determined in execution as from the date of deposit of the money, defendants 1, 7, 8 and 13 being severally liable for mesne profits according to the extent of property held by each.