The court affirmed the validity of an oral agreement for sale and the genuineness of a will, establishing the plaintiff's entitlement to specific performance based on demonstrated readiness and willingness.

JUDGMENT :

Prayer: This First Appeal is filed under Section 96 read with Order 41 of Civil Procedure Code against the judgment and decree dated 29.08.2016 in O.S. No. 657 of 2007 on the file of the IV Additional District Court at Coimbatore.

1. Parties are referred to as per their ranking before the Trial Court, for the sake of convenience.

2. The unsuccessful plaintiff is the appellant herein. The brief facts leading to the filing of the suit are as under:

(a) The suit property measuring an extent of 15 Cents with a larger extent of 75 Cents was originally owned by one Periakutty Gounder vide sale deed dated 12.09.1938 registered as Document No. 1501 of 1938 on the file of the Sub Registrar, Sulur. The said Peria Gounder died intestate on 07.02.1963 leaving behind his wife Marathal, his daughters Periakutty @ Ammani Ammal, 1st defendant herein, Chinnammal, Thulasiammal and Saraswathi and only son Subbalyan Suppanna Gounder to succeed his estate.

(b) After death of Periakutty Gounder, Marathal his widow wife filed a civil suit on 21.11.1989 in O.S. No. 287/87 on the file of District Munsif of Palladam against her daughters Periakutty @ Ammani Ammal, Saraswathi, Thulasiammal and his son Subbiah alias Supanna Gounder to divide the extent of 75 Cents comprised in G.S. No. 141/4B,4D which includes the suit property and another 3.00 Acres in G.S. No. 567/2B into 25 shares and allot 6/25 shares to her. While the said suit was pending, Subbaiah @ Suppanna Gounder, son of Marathal and late Periakutty Gounder died on 01.04.1995. Thereafter the legal heirs of deceased Subbaiah @ Suppanna Gounder viz. Chinnammal his wife, Velusamy and Ponnusamy sons and Sundarambal daughter were impleaded as parties to the above suit. The District Munsif Court, Palladam passed a preliminary decree on 18.03.2004 directing division of properties into 25 equal shares allotting six shares to Marathal (6/25 shares).

(c) During the pendency of the above suit, Marathal had executed a Registered Will dated 31.01.1994 on the file of the Joint Sub Registrar No. 3, Coimbatore bequeathing her 6/25 shares in the above properties in favour of her daughter Saraswathy as she was looking after Marathal and taking care of her. No share was allotted to her other children. As per the decree, the shares in the property, i.e. 75 Cents in G.S. No. 141/4B, 4D worked out as follows:

(Deceased Subbaiah @ Suppanna Gounder’s children and wife)

(d) Marathal died on 29.01.2005. After her death, Saraswathy became entitled to 33 Cents out of 75 Cents and others as per extents mentioned above. The above mentioned legal heirs entered into an oral partition on 19.02.2005 with regard to the extent of 75 Cents comprised in G.S. No. 141/4B,4D.

(e) As per Coimbatore Local Planning Authority, Coimbatore-12, Ref No. ROC 3321/2006 LPA 3 dated 03.08.2006 the entire extent of 75 Cents in S.F. No. 141/4B,4D Neelambur village lies in industrial (I-30) use in the Government approved Master plan proposal.

(f) The above persons approached the plaintiff during first week of September 2006 and offered to sell the entire 75 Cents in S.F. No. 141/4B.4D. The plaintiff also agreed to purchase the same at the rate of Rs.1,10,000/- per cent. The agreement was oral dated 05.09.06.

(g) The further case of the plaintiff is that as per oral agreement, Thulasiammal and her children executed a sale deed dated 11.09.2006 with regard to their 15 Cents in S.F. No. 141/4B, 4D vide sale deed registered as Document No. 7135/2006 on the file of Sub Registrar, Sulur for a consideration of Rs.16,50,000/- in favour of the Plaintiff.

(h) On the same day, Saraswathy and her children executed a sale deed in favour of the plaintiff with regard to her 33 Cents of land in S.F. No. 141/4B, 4D vide sale deed dated 11.09.2006 re