P. SUBRAMANIAM Vs. M. GOPALA GOUNDER

JUDGEMENT

(1.) This appeal is directed against the Judgment and decree dtd. 22/7/2010 made in A.S.No.44 of 2006 on the file of the learned Subordinate Judge, Kancheepuram, reversing the judgment and decree dtd. 2/8/2005 made in O.S.No.12 of 2004 on the file of the learned District Munsif-cum-Judicial Magistrate, Uthiramerur.

(2.) The 1st respondent/plaintiff herein had instituted the above referred suit in O.S.No.12 of 2004, on the file of the learned District Munsif-cum-Judicial Magistrate, Uthiramerur, seeking the relief of declaration, declaring that the registered Sale Deed dtd. 10/3/1997 registered in Document Nos.381 and 382 of 1997 on the file of the Sub Registrar, Uthiramerur, executed by the 1st and 2nd defendants in favour of the 3rd defendant, as null and void; for a direction, directing the 1st and 2nd defendants to perform the contract of sale by executing a sale deed in favour of the plaintiff, after receiving the balance sum of Rs.64,000.00; to put the plaintiff in possession of the suit property and for costs.

(3.) After elaborate trial, the learned District Munsif-cum-Judicial Magistrate, Uthiramerur, by judgment and decree dtd. 2/8/2005, dismissed the suit with costs.