S.RAJESHWARI Vs. A.RAMASAMY

JUDGEMENT

(1.) The second defendant in the suit is the appellant of the appeal suit and the respondent in the appeal suit instituted a suit for specific performance, to enforce the registered sale agreement entered into between the plaintiff and the first defendant who is the power holder of the second defendant in agreement dated 27.04.2012.

(2.) The suit for specific performance was instituted mainly on the ground that the first sale agreement entered into between the plaintiff and the first defendant on 13.04.2010, which is also a registered document in document No.3649/2010. The sale consideration of Rs.3,00,000/- was fixed. Subsequently, the said sale agreement was cancelled by mutual agreement and the second sale agreement was registered on 27.04.2012 in vide document No.4598/2012. Subsequently, the appellant/second defendant cancelled the power of attorney granted in favour of the first defendant on 31.01.2013 in vide document No.1674/2016. The first defendant and the plaintiff are the business partners and under those circumstances, the property belongs to the second defendant are attempted to be taken away by virtue of these sale agreements, which is otherwise not in commensuration with the market value of the property which is sought to be executed by way of sale.

(3.) The facts in nutshell as narrated in the plaint are as follows:-