SAFIA BANU Vs. ASAMADHUNNISABI

JUDGEMENT

(1.) THE defendant in the suit in O.S.No.131 of 1981 has preferred this Letters Patent Appeal against the judgment and decree dated 19.1.1996 made in A.S.No.737 of 1984 thereby confirming the judgment and decree dated 7.8.1984 made by the Court of Subordinate Judge, Tiruppattur.

(2.) IT is a suit filed by the respondent herein for specific performance of a contract dated 25.6.1981 alleged to have been executed in between the appellant and the respondent thereby the appellant agreeing to sell the suit property in favour of the respondent for a sale consideration of Rs.31,000, and on payment of an advance amount of Rs.15,000 and on further agreement that in four months time, that is within 25.10.1981, on payment of the balance sale consideration of Rs.14,000, by the respondent/plaintiff, the appellant/defendant should come forward to execute the sale deed in favour of the plaintiff.

(3.) ON appeal, the learned single Judge of this Court, having had his own discussion and remarking that ?the drafting of the agreement under Ex.A-1 may not be proper, but the explanation given by the plaintiff and her two witnesses established the circumstances under which the suit agreement had been entered into between the parties cannot lead to the inference that the plaintiff had come forward with the false version so as to hold that the plaintiff was not entitled to the discretionary relief of specific performance. Considering all these aspects, the first appellate court was of the opinion that the appeal was without merits. ON such remarks, the first appellate court would ultimately dismiss the appeal confirming the judgment and decree of the trial court.