S SHANMUGHANATHAN Vs. ELANGOVAN

JUDGEMENT

(1.) THIS second appeal is filed against the decree and judgment for specific performance as confirmed by the first appellate Court.

(2.) THE plaintiff entered into an agreement on 20.8.1980 and purchased a property for a sum, of Rs.15,000 and paid a sum of Rs. 1,200 on the same day. THE sale shall be completed within nine months from the date of agreement. On 25.6.1981, the plaintiff issued a notice to the first defendant intimating his readiness and willingness to purchase the property and demanding to execute the sale deed. To that, the first defendant replied through advocate on 2.7.1981. In that it is stated that the first defendant wanted to have consultation with the second defendant regarding this. Subsequently, on 3.7.1981, the second defendant purchased the said property for Rs.15,000. THEreafter, the plaintiff filed the suit on 8.7.1981 against the vendor as well as the subsequent purchaser for the relief of specific performance. THE lower Court accepted the claim of the plaintiff and decreed the suit and the first Appellate Court also has confirmed the judgment and dismissed the appeal filed by the second defendant. Aggrieved by that judgment, the second defendant has filed the present second appeal.