BALAMURUGAN Vs. ARUMUGAM

JUDGEMENT

(1.) The 3rd Defendant is the Appellant herein. For the sake of convenience, the parties are hither to descried as they were referred to in the suit.

(2.) The brief facts are as follows:

(3.) The 3rd Defendant in his defence contended that the Defendants 1 and 2 never executed any agreement of sale in favour of the Plaintiff and never agreed to sell the suit property nor received any advance amount from him. In fact, the Defendants 1 and 2 agreed to sell the suit property in favour of the 3rd Defendant on 1.9.1997 and executed a written agreement on the said date and in pursuance to the said agreement, the 3rd Defendant got the sale deeds from the Defendants 1 and 2 on 20.10.1997 and he is in possession and enjoyment of the suit property. The Plaintiff being the neighbour of the 3rd Defendant made all attempts to purchase the property from the Defendants 1 and 2, but it did not fructify. The Plaintiff having failed in his attempt created and concocted the sale agreement and has filed the suit with a view to grab the suit property. According to him, the suit itself became infructuous as the suit property had been conveyed in favour of the 3rd Defendant even before filing of the suit. There is nothing to be specifically enforced and as such, the suit for specific performance is not at all maintainable.