T SOWRI RAJAN Vs. T RAJA GOPALAN

JUDGEMENT

(1.) THE unsuccessful plaintiff is the appellant herein. THE plaintiff filed the suit for specific performance of an agreement of sale dated 19.8.1981.

(2.) THE case of the appellant/plaintiff was that the appellant/plaintiff and the respondent/defendant are brothers and the appellant/plaintiff had advanced money to his father, who was running a business and the respondent/defendant undertook to pay the amount payable by the father to the appellant/plaintiff. THErefore, it was agreed between the parties that the appellant/plaintiff was entitled to a sum Rs.35,000/- and towards the discharge of that said amount, the respondent/defendant should give the property, which he got under the settlement from his maternal grandfather. Hence, in pursuance of the decision of the Panchayadars, the appellant/plaintiff and the respondent/defendant entered into an agreement dated 19.8.1981 and as per the said agreement, the respondent/defendant agreed to settle the property on the appellant/plaintiff and the appellant/plaintiff also agreed that, he would take the property after the demise of his parents and till such time, the property shall be looked after by the respondent/defendant. THE mother died on 18.12.1995 and the father died on 16.9.2001, and immediately, after the death of the father, the appellant/plaintiff demanded the execution of the document as per the agreement dated 19.8.1981, by issuing a notice and that was replied by the respondent/defendant, denying any such agreement. THErefore, the suit was filed for the relief stated above.

(3.) THE First Appellate Court also confirmed the judgment and decree of the trial Court and hence, the Second Appeal.