K.Govindarajan.,J. - (1.)Common Judgment: Per Mr. Aggrieved by the common order dated 8.12.2003, passed by the learned Judge in Applications in A.Nos.2154 to 2156 of 2003, the appellants have preferred the above appeals.
(2.)Thiru Ramakrishna Mudaliar, the owner of the suit properties executed sale deeds dated 26.3.1959 and 31.3.1959 in favour of Mrs. Rajaby Fathima Buhari, hereinafter called Mrs.Buhari. But, according to Ramakrishna Mudaliar, there was an understanding between him and Mr.Buhari, the husband of Mrs.Buhari to the effect that in case the purchase amounts as per the sale deeds were repaid within three years, the properties would be reconveyed on payment of 10% in addition to sale price, solatium of actual amount spent on improvement if any. The said understanding was also recorded subsequently on 24.3.1959 in writing. In May 1960, one of the properties sold to Mrs.Buhari was reconveyed to S.V.Ramakrishna Mudaliar, but failed to reconvey the suit properties.
(3.)So, the said S.V.Ramakrishna Mudaliar and his son Madtha Prasad through his 1st wife, filed a suit in C.S.No.43 of 1962 for specific performance of the agreement of reconveyance, dated 24.3.1959. The said suit was decreed on 10.11.1965. Mr.Buhari and his wife Mrs.Buhari filed independent appeals in O.S.A.Nos.8 and 9 of 1966 challenging the said decree. The Division Bench allowed the said appeals in the judgment dated 13.5.1972, by setting aside the decree passed in C.S.No.43/1962. S.V.Ramakrishna Mudaliar alone preferred appeal in S.L.P.No.2689/1973. Leave was granted and appeal was numbered as C.A.No.224/1974. His son Matha Prasad who is also a plaintiff in C.S.No.43/1962 did not prefer any appeal in view of certain disputes between Ramakrishna Mudaliar and Matha Prasad. Mrs.Buhari died on 17.12.1980 and S.V.Ramakrishna Mudaliar also died on 31.12.1980. His children through the 2nd wife (S.V.R.Saroja, S.V.R.Vijaya, S.V.R.Rama Prasad and S.V.R.Renuka Devi) were brought on record in C.A.No.224/1974 by filing C.M.P.No.7242/1981. The legal representatives of Mrs.Buhari were also brought on record by filing C.M.P.No.5191/1982. The 2nd plaintiff, Matha Prasad was impleaded as third respondent in the said Civil Appeal.