G A STANLEY JONES Vs. POORNIMA

JUDGEMENT

(1.) This second appeal is filed against the concurrent findings of the courts below.

(2.) The respondents herein filed a suit in O.S.NO.2931 OF 1981 for injunction and also for mandatory injunction. The case of the plaintiffs is that they purchased vacant site of 1200 sq.ft. in T.S.NO.608, Erode Town from the defendants by a sale deed dated 19.1.1981. They also put up a compound wall, but subsequently the defendants encroached the properties already sold to them and put up a small construction. The case of the defendants is that though the sale deed was executed and it was stated therein that the sale consideration of Rs.6,000/- has been paid, in fact, only Rs.1,000/- had been paid and balance of Rs.5,000/- was not paid and therefore the sale deed already executed is not binding and hence the plaintiffs are not entitled for injunction and for mandatory injunction. The further case of the defendants is that the property is continued to be the property of the defendants.

(3.) The trial court after considering the evidence on record, decreed the suit as prayed for. Against that, defendants filed appeal in A.S.NO.6 OF 1987 on the file of Principal Subordinate Judge, Erode and the appellate court also confirmed the same. Against the same, the present second appeal has been filed.