SARADAMANI KANDAPPAN Vs. S RAJALAKSHMI

JUDGEMENT

(1.) These appeals by special leave (CA Nos. 7254 to 7256 of 2002) are directed against the common judgment and decree dated 19.6.2002 passed by the Madras High Court in O.S.A. Nos. 12 of 1992, 32 of 1995 and 148 of 1999 filed by the Appellant herein against the common judgment dated 29.11.1991 passed by a learned Single Judge of that court in Civil Suit Nos. 95/1984, 302/1989 and 170/1984 and filed by the Respondents herein. The Appellants and Respondents herein who were the Plaintiffs and Defendants respectively in the three suits, will be referred, for the purpose of convenience, by their ranks in the suit also.

(2.) Respondent Nos. 2, 3 and 4 are respectively the son, daughter and husband of first Respondent. The first Respondent is the owner of Survey Nos. 13, 14 and 15, the second Respondent is the owner of lands bearing Survey Nos. 16 and 18 and the third Respondent is the owner of Survey Nos. 19 and 20, all situated in Chettiaragaram Village, Saidapet Taluk, Chingleput District in all measuring 24 acres 95 cents. The said lands along with the trees, wells, pump-houses, farm go downs, perimeter fence and some furniture, are together referred to as the schedule properties. Respondents 1 to 4 entered into agreement of sale dated 17.1.1981 with the Appellant herein for sale of the schedule properties, at a price of Rs. 15,000 per acre (in all Rs. 3,74,250 rounded off to Rs. 3,75,000). On the date of the agreement, Rs. 1,00,000 was paid as advance to Respondents, which was duly acknowledged in the agreement. Clauses 3, 4, 5, 6, 7, 12 and 15 of the agreement which are relevant for our purposes are extracted below:

(3.) The execution of the sale deeds shall depend upon the party of the second part getting satisfied regarding the title to the land, so also the nil encumbrance.