ANNAMALAI Vs. VASANTHI

JUDGEMENT

(1.) Leave granted.

(2.) These two appeal(s) arise from two suits, namely, O.S. No. 73 of 2010, which was instituted by the appellant (Annamalai) against Saraswathi (for short D-1), Dharmalingam (for short D-2) and Vasanthi (for short D-3), inter-alia, for specific performance of agreement for sale dtd. 08.01.2010, and O.S. No. 32 of 2011 (renumbered O.S. No. 60 of 2012), which was instituted by Vasanthi (first respondent) against the appellant (Annamalai) for declaration as well as injunction qua the property which was subject matter of the sale agreement. Trial court consolidated the two suits and decided them by a common judgment, whereby O.S. No. 73 of 2010 was dismissed and O.S. No. 60 of 2012 (old O.S. No. 32 of 2011) was decreed. Aggrieved therewith, the appellant filed two first appeal(s). The first appellate court vide common judgment dtd. 14/11/2014 allowed the appeal(s) and thereby decreed O.S. No.73 of 2010 and dismissed O.S. No. 60 of 2012 (old O.S. No.32 of 2011). Against the first appellate court's judgment and decree(s), two second appeal(s), namely, S.A. No. 465 of 2015 and S.A. No. 466 of 2015, were filed by Vasanthi (i.e., the first respondent) before the High Court of Judicature at Madras[High Court]. Both the appeals were allowed vide impugned common judgment and order(s) dtd. 2/2/2018. As a result, the decree of specific performance of the agreement was set aside and defendant(s) were directed to refund the earnest money along with interest.

(3.) Being aggrieved by High Court's decision dtd. 02.02.2018, these appeal(s) have been filed with a prayer that the impugned judgment and decree(s) be set aside.