G. KOTHANDAN Vs. G. RAJA AND ORS.

JUDGEMENT

(1.) C.M.P.No.22580 of 2019 is filed to condone the delay of 2377 days in filing the appeal in A.S.S.R.No.122276 of 2019. The First Appeal (Appeal Suit) in A.S.S.R.No.122276 of 2019 is filed against the judgment and decree dated 19.12.2012 passed in O.S.No.85 of 2011 on the file of the II Additional District Court, Thiruvallur at Poonamallee.

(2.) When this C.M.P./A.S.S.R. is taken up for consideration, the learned Senior Counsel appearing for the petitioner/first defendant submitted that the suit in O.S.No.85 of 2011 had been filed by the first respondent/plaintiff on false sale agreement, dated 15.12.2010 for specific performance to direct the defendants 1 to 5 (i.e. the first defendant, his daughter, his wife, his third daughter and one Dilipkumar) to execute the sale deed in respect of the suit property, after receiving the balance of sale consideration within the time that may be fixed by the Court, failing which, to direct the execution of sale deed by an officer of the Court and further to direct the defendants 1, 2, 4 and 5 to deliver the vacant possession of the suit property to the plaintiff.

(3.) It is further contended by the learned Senior Counsel appearing for the petitioner that since the petitioner/appellant/first defendant is addicted to alcohol, the first respondent/plaintiff had obtained the first defendant's left thumb impression for the alleged sale agreement, but actually, no consideration had been passed under the sale agreement. In fact, no independent document had been filed by the plaintiff except a fabricated and false agreement. The petitioner/first defendant is having fair chance of success in the appeal filed against the judgment and decree of the trial Court. The defendants 2 and 3 were set ex-parte in the suit and the suit was erroneously decreed by the trial Court, since the sale agreement was obtained by fraud.