S.R.SINGHARAVELU
Duraikannu Padayachi – Appellant
Versus
Meera – Respondent
The defendant has preferred this Second Appeal as against the decree for specific performance and possession of suit property, passed by the lower appellate Court, on reversal of the dismissal of the suit in the trial Court.
2.The averments found in the plaint are as follows:
The suit property originally belonged to Chandraraju pillai who on 09.05.1984 had executed a will in a sound disposing state of mind and the said will was duly executed and attested and it was his last will, as per the terms of which the plaintiff was given the suit property and another item with absolute right.
Chandraraju pillai died and the Will took effect. Even prior to the will, he had sold the property to the defendant by a registered sale deed dated 30.12.1983 for Rs.1,500/- and on the same day Chandraraju pillai and the defendant entered into an agreement of reconveyance as per the terms of which the former was entitled to get reconveyance within five years there from on payment of Rs.1,500/-. In the mean time as Chandraraju pillai died, the legatee under the Will, the plaintiff is entitled to get reconveyance. Expressing her ready and willingness, the plaintiff issued a notice on 02.08.1988
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