LAWS(MAD)-2010-12-377

RAHIMA DIED Vs. P MANGILAL DIED

Decided On December 22, 2010
RAHIMA Appellant
V/S
P.MANGILAL Respondents

JUDGEMENT

(1.) THE Appellant/Defendant (since deceased) has preferred this second appeal before this Court as against the judgment and decree dated 24.11.1993 in A.S.No.66 of 1993 passed by the learned District Judge, Chengalpattu.

(2.) THE First Appellate Court viz., the learned District Judge, Chengalpattu, in the judgment and decree in A.S.No.66 of 1993, has among other things, observed that the suit is not barred by limitation and further held that the respondent/plaintiff (since deceased) is not entitled to the relief of specific performance and consequently, dismissed the appeal without costs and thereby confirmed the judgment and decree passed by the trial Court namely the learned Sub Judge, Poonamallee, in O.S.No.155 of 1986 dated 27.04.1993.

(3.) BEING dissatisfied with the judgment and decree passed by the trial Court in the main suit, the Appellant/defendant has preferred the first appeal in A.S.No.66 of 1993 on the file of the learned District Judge, Chengalpattu, who confirmed the judgment and decree of the trial Court passed in the main suit and thereby dismissed the appeal.