SUBBAIAN Vs. SEMALAI GOUNDER

JUDGEMENT

(1.) 1. The Petitioner/Plaintiff has filed the present Appeal as against the Judgment and Decree dated 11.08.2006 in O.S.No.4 of 2005 passed by the Learned Additional District Judge (Fast Track Court-II), Gobichettipalayam.

(2.) THE trial Court viz., the Learned Additional District Judge (Fast Track Court-II), Gobichettipalayam in the Judgment in O.S.No.4 of 2005 has among other things observed that 'Ex.A.1 Sale Agreement dated 15.10.2001 is not a true document in respect of the suit properties to be purchased from the Respondent/ Defendant by the Appellant/ Plaintiff and further as per Ex.A.1 Sale Agreement the Respondent/ Defendant on 15.10.2001 has not received a sum of Rs.4,50,000/- as an advance and as such as per Ex.A.1 Sale Agreement the Appellant/ Plaintiff is not entitled to claim the relief of specific performance or the alternative relief prayed for by him in the suit and resultantly dismissed the suit with costs.'

(3.) THE points that arise for consideration in this Appeal are: