MEENU PRABHA Vs. VISWAMBHARAN

JUDGEMENT

(1.) THE plaintiff in a suit for specific performance of an agreement, aggrieved by the rejection of the application filed under Order XXXIX Rule 1 C.P.C., is the appellant. As per the impugned order, the court below found that the plaintiff has no prima facie case for getting the relief of specific performance of agreement.

(2.) WE heard learned counsel for the appellant, Shri M.S. Narayanan and learned counsel for the respondents Shri Manoj Ramaswamy and Smt. Sanjana R. Nair.

(3.) LEARNED counsel appearing for the respondents submitted that it is not a case where the balance of convenience is in favour of the plaintiff and the agreement itself was cancelled and the advance amount received has been returned also.