M VADIVEL Vs. V MUTHUKUMAR

JUDGEMENT

(1.) THE appeal is preferred against the Judgment and Decree dated 04.11.2004 made in O.S.No.138/2001 on the file of the Additional District and Sessions Judge, Fast Track Court No.II, Coimbatore.

(2.) THE defendants are the appellants and the plaintiffs are the respondents in this appeal. THE suit has been filed for the recovery of a sum of Rs.8,79,350/- together with subsequent interest at 18% p.a. from the date of plaint till the date of realisation and also for a direction, directing the defendants to create charge over schedule properties for the due execution of the sale deed.

(3.) THE averments in the Written Statement filed by the 6th defendant are as follows: THE suit for specific performance is not maintainable since the transaction was purely of money transaction. It is stated that on the date of sale agreement i.e. 7.11.1994, they have executed a registered Mortgage Deed with regard to the suit property to one N.Subramanian. THErefore, the suit is not maintainable and liable to be dismissed. 5. On careful consideration of the plaint and the written statement, the trial court had framed the following issues: 1. Whether the plaintiffs are entitled for the relief of specific performance of the sale agreement dated 7.11.1994" 2. "Whether the plaintiffs are entitled for recovery of a sum of Rs.8,79,350/- with interest at 18% p.a. in the alternative" 3. Whether the plaintiffs have used the signatures obtained from the 1st defendant in the stamp paper and prepared a forged document" 4. To what other relief or reliefs the parties are entitled" Additional Issue: 1. Whether one Subramaniam is a necessary party to the suit"