M. P. Ponnusamy vs S. Dhandapani - 2022 Supreme(Mad) 1312

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Mad) 1312

G. JAYACHANDRAN
M. P. Ponnusamy – Appellant
Versus
S. Dhandapani – Respondent

Advocates appeared:
For the Appellant:T.R. Rajagopalan, Senior Counsel, K. Govi Ganesan, Advocate. For the Respondents:R6 to R12, V.P. Sengottuvel, Advocate, R1 to R5, No appearance.

JUDGMENT

(Prayer: Appeal Suit has been filed under Section 96 of Code of Civil Procedure, 1908, praying against the order dated 16.08.2013 passed in O.S.No.48 of 2009 on the file of the learned II Additional District-cum-Sessions Court, Tiruppur.)

This appeal is by the plaintiff, who lost his suit for specific performance.

2. The case of the plaintiff is that the suit property is the absolute property and jointly held by the defendants 1 to 5, one Mythili and Kothavalli. It is their ancestral property inherited through their grand father R.K.Subramaniam, who got the property under a partition deed dated 23/03/1952. The plaintiff entered into an agreement for sale with Mythili, Kothavalli and defendants 1 to 5 in respect of suit property measuring 3.50 acres, at the rate of Rs.4,50,000/- per acre. The total consideration was fixed as Rs.15,75,000/- and 6 months time was fixed for execution of the sale. On the date of agreement, the vendors received Rs.3,00,000/- and subsequently Mythili and Kothavalli received Rs.50,000/- on 10/03/2007 towards part sale consideration. Though the plaintiff was ready to pay the balance consideration and get the sale deed executed, the defendants 1 to 5 w