R.SHANKAR Vs. S.MANOGARI

JUDGEMENT

(1.) This second appeal has been preferred against the decree of the learned First Additional Judge, City Civil Court, Chennai dated 06.07.2012 made in A.S.No.239 of 2010 by which the decree passed by the trial Court, namely the 12th Assistant Judge, City Civil Court, Chennai dated 22.12.2009 made in O.S.No.2788 of 2009 was confirmed. The defendant in the original suit is the appellant in the second appeal. He has knocked at the doors of this Court after suffering a decree in the original suit and after unsuccessfully prosecuting an appeal before the lower appellate Court.

(2.) The suit was filed by the respondent herein for the relief of specific performance based on the suit agreement for sale dated 07.04.2006 marked as Ex.A2. Though the execution of the suit agreement was admitted by the appellant herein/defendant, he had taken a stand that the suit agreement was substituted by a subsequent lease agreement dated 07.06.2006 and that hence, thereafter the suit agreement for sale, became unenforceable. The learned trial Judge framed three issues, which are as follows:

(3.) Though the first issue had not been happily worded and it had been framed as if both the suit agreement for sale and the lease agreement were executed on the same day, the same is nothing but a mistake and the parties went for trial and adduced evidence correctly understanding the case of the defendant that the subsequent lease agreement propounded by the defendant was dated 07.06.2006 and not 07.04.2006. As the parties have rightly understood the pleadings and led evidence, no undue importance may be given to the mistake and suffice to proceed on the basis that the issue is as to whether the suit sale agreement dated 07.04.2006 was substituted by a lease agreement dated 07.06.2006.