G ALAGARSAMY Vs. K V SUBBA NAIDU

JUDGEMENT

(1.) THE defendant in O.S.No.1229 of 1981 on the file of the District Munsif, Dindigul, is the appellant in this second appeal. THE plaintiff in the said suit is the respondent in this second appeal. For the sake of convenience the parties are referred to by their nomenclature given to them in the suit.

(2.) THE plaintiff filed the suit for specific performance of an agreement to reconvey the property described in the plaint schedule. THE case of the plaintiff is as follows:

(3.) THE trial court held that the agreement for resale is true, and the plaintiff is entitled to a decree for specific performance. Consequently the trial court decreed the suit as prayed for, As against the judgment of the trial court the defendant filed an appeal in A.S.No.41 of 1984 before the Sub Court, Dindigul. THE appellate court confirmed the findings of the trial court and dismissed the appeal. Aggrieved by the judgments of the courts below the defendant has preferred the present second appeal.