S.SUNDARI Vs. VADIVEL NAICKER

JUDGEMENT

(1.) This Second Appeal is filed by the defendant as against the judgment and decree, dated 04.08.2011, passed by the District Judge, District Court-II, Kanchipuram, in A.S.No.28 of 2010, reversing the judgment and decree, dated 22.11.2007, passed by the Subordinate Judge, Kanchipuram, in O.S.No.225 of 2002, which was one for specific performance of the agreement to sell, delivery of possession and permanent injunction.

(2.) The appellant is the defendant and the respondent is the plaintiff in the suit proceedings. The parties, for the sake of convenience, are referred to hereunder according to their litigative status and ranking before the trial Court.

(3.) The respondent herein, as plaintiff, has approached the Subordinate Judge, Kancheepuram, by filing O.S.No.225 of 2002, seeking for specific performance of the agreement to sell, entered into between the respondent/plaintiff and appellant/defendant, on 02.06.2000; delivery of possession and permanent injunction in respect of the suit schedule properties or alternatively seeking for refund of the amount paid under the sale agreement, with damages.