KAMALAMBAL AMMAL Vs. M S AMRUDDIN

JUDGEMENT

(1.) This appeal arises out of judgment made in O.S. No. 295 of 2004 on the file of the Additional District Judge-Fast Track Court No. II, Kancheepuram dismissing the plaintiff's suit for specific performance based on an oral agreement of sale. The unsuccessful plaintiff is the appellant. For the sake of convenience, the parties are referred to as arrayed in the suit.

(2.) Briefly stated case of plaintiff is as follows:

(3.) Stoutly denying any such oral agreement on 22.2.2002, defendant filed written statement contending that defendant is the owner of only 1.68 acres comprised in 3 survey numbers, whereas suit has been filed for a larger extent of 3.66 acres. Defendant has admitted execution of previous agreement of sale in the year 1992 in favour of the plaintiff and one Subramanian. Earlier, plaintiff filed two suits and both the suits were dismissed. As against the order in application for temporary injunction, C.M.A. No. 11 of 1997 on the file of Sub Court, Kancheepuram was filed by the plaintiff and the same was also dismissed. In O.S. No. 1565 of 1992 plaintiff was examined as P.W.1 and later she did not turn up to the Court for being cross examined and resultantly, the suit was dismissed for default on 19.7.2002 and petition filed by plaintiff to restore the suit was also dismissed. In the above said suit/litigation, plaintiff never mentioned about existence of oral agreement of sale in her favour. It is further averred that there was no occasion or necessity for the power agent of the defendant to go to the Court on the crucial date viz., 22.2.2002, on which date, the oral agreement is said to have been arrived at by the parties. Plaintiff never paid a sum of Rs. 1,35,000/- as advance. According to the defendant, there is no question of cancellation of sale deed dated 9.3.1994. Denying alleged oral agreement between the defendant and plaintiff on 22.2.2002, defendant prayed for dismissal of the suit.