VIJAY PRABHU Vs. S.T. LAJAPATHIE

JUDGEMENT

(1.) We have heard Mr. S. Nagamuthu, the learned Senior counsel appearing for the petitioner (original plaintiff) and Mr. Balaji Srinivasan, the learned counsel appearing for the respondents (original defendants).

(2.) This petition arises from the judgment and order passed by the High Court of Judicature at Madras dtd. 24/3/2023 in Appeal Suit No. 211 of 2013 by which the High Court dismissed the appeal and thereby affirmed the judgment and decree passed by the District Judge of Nilgiris at Udhagamandalam dtd. 18/2/2010 in Original Suit No. 45 of 2008. It appears from the materials on record that the petitioner herein (original plaintiff) instituted Original Suit No. 45 of 2008 seeking specific performance of the agreement dtd. 7/11/2005 and for delivery of possession of the suit property. In the alternative, he prayed for Rs.60,00,000.00 with interest at 12 per cent per annum towards the damages from the date of filing of the suit.

(3.) The Trial Court rejected the prayer for specific performance and directed that the amount of Rs.20,00,000.00 paid by the plaintiff to the defendants towards the earnest money be refunded with interest at 12 per cent per annum.