MUNIYA MOOPER Vs. RAJAMBAL

JUDGEMENT

(1.) THIS Second Appeal has been filed against the judgment and decree, dated 14.7.2006, made in A.S.No.31 of 2004, on the file of the Principal District Court, Villupuram, confirming the judgment and decree of the Subordinate Court, Kallakurichi, dated 13.10.2003, made in O.S.No.20 of 1996.

(2.) THE plaintiff in the suit, in O.S.No.20 of 1996, is the appellant in the present second appeal. THE defendants 1, 2 4 and 5 in the suit are the respondents herein. THE suit had been filed by the plaintiff for a decree of specific performance of the agreement, dated 17.7.1989, said to have been entered into between the plaintiff and the first defendant. It had been stated that by the said agreement for sale, the first defendant is said to have agreed to sell the suit property to the plaintiff for a sum of Rs.75,000/- as sale consideration. On the date of the said agreement, an advance of Rs.50,000/- is said to have been paid by the plaintiff to the first defendant. It had also been agreed that the balance of Rs.25,000/- would be paid, on or before 15.4.1990.

(3.) ON behalf of the defendants, it had been further stated that the claim of the plaintiff that the suit properties were handed over to the plaintiff on the date of the execution of the sale agreement, dated 17.7.1989, on payment of Rs.50,000/-, as part of the sale consideration, are incorrect and false.