- (1.)The original Plaintiff, C S Benjamin (Respondent No. 11) is now dead and is represented by his three daughters (for the sake of convenience they are being described as Plaintiff). Respondent No. 1-M/s. Gajaraj & Company was the original landlord of the suit property and as per its party position in the plaint it is being described as first Defendant. The Appellant (Respondent No. 11 in High Court) is auction purchaser of the property in a court auction in an earlier suit filed by second Defendant-Respondent No. 2- Srinivasa Perumal Financing Corporation against first Defendant for recovery of money from first Defendant who had mortgaged substantial part of suit land, about 38 cents to the second Respondent for the said money due.
(2.)The instant suit was filed by the Plaintiff as OS No. 1538 of 1980 in the court of Third Additional Subordinate Judge, Coimbatore for specific performance of an agreement for sale dated 27.5.1978, on the allegation that the land owner, the first Defendant was acting against law in refuting the agreement and not executing the sale deed in favour of the Plaintiff. The suit was dismissed by the judgment dated 30.4.1991. But Plaintiffs money was ordered to be refunded with interest @ 12% per annum. Against that, the Plaintiff preferred first appeal bearing AS No. 627 of 1991 which has been allowed by the impugned judgment dated 3.7.2002 rendered by the Division Bench of the Madras High Court.
(3.)Mr. Mohan Parasaran, learned senior Counsel for the Appellant, who was 11th Respondent before the High Court highlighted the chronological list of events to point out that the first Defendant mortgaged the suit property on 25.1.1972 to an extent of about 38 cents to the second Defendant for availing money loan. The first Defendant also owed money to 6th and 7th Defendants. Defendant No. 6 filed original suit No. 421 of 1976 in the Court of Subordinate Judge, Coimbatore in which the present suit property was attached on 28.7.1976. Another suit bearing OS No. 352 of 1977 was also filed by the 7th Defendant against the first Defendant.