PUGAZHENDHI Vs. SUBRAMANIAN

JUDGEMENT

(1.) Civil Revision Petition No.1359 of 2018, has been filed against the order allowing the application filed by the respondent/plaintiff, under Order II Rule 2(3) of C.P.C. seeking leave to file a separate suit for specific performance subsequently.

(2.) For the sake of convenience, the parties are referred to as they are referred in the plaint.

(3.) The respondent/plaintiff filed the suit for permanent injunction restraining the petitioner/defendant from disturbing his possession in respect of the suit schedule property. The suit has been filed on the ground that, the defendant is the owner of the suit schedule property, and that he entered into an unregistered sale agreement with the plaintiff on 21.11.2012, agreed to sell the suit schedule property for a total sale consideration of Rs.6,70,00,000/-, and the same has to be paid before 21.03.2013. On the date of agreement, a sum of Rs.50,00,000/- was paid by the plaintiff to the defendant as advance and on the very same day itself the possession of the suit schedule property was handed over to the plaintiff by the defendant. That apart, the defendant also executed a Power of Attorney on 23.11.2012, to one Mr.Arunachalam being the nominee of the plaintiff for due execution of the sale deed and for completion of other formalities.