V.N.A.S. CHANDRAN Vs. S. VENILA

JUDGEMENT

(1.) The instant Appeals are directed against the final judgment and order dtd. 11/10/2011 passed by the Division Bench of the High Court of Judicature at Madras in AS No. 443 of 2008, together with MP No.1 of 2010 and MP Nos.1 and 2 of 2008. By way of the impugned judgment, the High Court allowed the appeal and set aside the judgment and decree dtd. 22/11/2007 passed by the District Judge, Nilgiris, Udhagamandalam in OS No. 11 of 2006 insofar the Trial Court had refused specific performance, and thus decreed the suit for specific performance as prayed for.

(2.) The relevant facts leading to these Appeals are briefly set out below. The sole appellant herein, Shri V.N.A.S. Chandran (originally "Defendant No. 1") is the owner of land and building comprised in Survey Nos. 4045 and 4047, bearing Door No. 6, Church Hill Road, Udhagamandalam, Nilgiris District, admeasuring 1 acre and 33 cents [Hereinafter referred to as 'the suit property'.] Defendant No. 1 had purchased a larger parcel of land admeasuring 1 acre and 62 cents from M/s. Spencer & Company Limited vide a registered sale deed dtd. 9/6/1994, but subsequently sold a portion of 0.29 cents on 6/7/1994 to M/s. Ramasubbu and others, leaving him with the suit property.

(3.) Respondent no. 1, Mrs. S. Venilla ( "Plaintiff No. 1 ") is a resident of Halls Road, Killpauk, Chennai and the wife of respondent no. 2, Shri V. Sowrirajan ("Plaintiff No. 2"), who was a contractor by occupation and held certain immovable properties at Chennai. As Plaintiff No. 2 passed away during the pendency of these Appeals before this Court, he was substituted by his legal representatives, namely Plaintiffs ' daughter R. Srividha and their son S. Venkatraj, who were brought on record by an order of this Court dtd. 7/4/2021.