LAWS(MAD)-2010-5-46

E M NAGALINGAM Vs. KRISHNALAL JAIN

Decided On May 19, 2010
E.M.NAGALINGAM Appellant
V/S
K.RAMACHANDRA NAIDU Respondents

JUDGEMENT

(1.) The Second Appeal in S.A.No.846 of 2009 has been preferred against the Judgment and Decree, dated 26.06.2008 made in A.S.No.61 of 2007 on the file of the Sub-Court Ranipet, allowing the first appeal and confirming the Judgment and Decree, dated 21.10.2006 made in O.S.No.310 of 2004 on the file of the District Munsif Court, Arakonam.

(2.) The appellant herein was the plaintiff in the suit in O.S.No.310 of 2004 and defendant in the suit in O.S.No.117 of 2004. The suit in O.S.No.310 of 2004 was originally numbered as R.O.S.No.86 of 1998. The suit was filed against the respondents herein for specific performance, seeking a decree directing the defendants to execute the sale deed, as per the alleged agreement for sale, dated 17.01.1983 and if the defendants fail to execute the sale deed, to execute the sale deed through an officer of the Court below.

(3.) Second Appeal in S.A.No.859 of 2009 has been preferred by the appellant, who was the defendant in the suit in O.S.No.117 of 2004.The suit in O.S.No.117 of 2004 was filed by the second respondent, K.Ramachandra Naidu against the appellant herein, seeking declaration of title, delivery of possession, damages for use and occupation and other consequential relief.