E.PADMANABHAN
Kunjammal alias P. J. Aleyamma – Appellant
Versus
Mrs. Mariammal Iype and another – Respondent
1. The plaintiff, who is the unsuccessful before the two courts below is the appellant in this second appeal. Heard Ms. Chitra Sampath, for Mr. T.R. Rajaraman, learned counsel appearing for the appellant and Mr. N.V. Venkataseshan, learned counsel appearing for the respondents.
2. In the nature of disposal which this Court, in exercise of its inherent jurisdiction proposes to pass, it is not necessary to set out the details of pleadings relating to the case and counter case of the parties. For convenience, the parties will be referred as arrayed before the trial court.
3. The plaintiff instituted the suit in O.S.No.90 of 1981 on the file of sub court, Tenkasi, seeking the relief of specific performance against the defendants. Concedingly there is no written agreement between the plaintiff and the first defendant, who is the owner. The plaintiff had based her claim based upon the correspondence exchanged between the plaintiff and the first defendant as well as her claim that she had paid substantial amount of Rs.19,000 out of Rs.24,500 towards the sale consideration and that she is entitled for specific performance. Per contra, the contesting first defendant, the owner, h
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