K MUNUSAMI Vs. GOVINDARAJ

JUDGEMENT

(1.) The Appellants/Defendants have filed the present Second Appeal as against the Judgment and Decree dated 28.08.1998 in A.S.No.34 of 1997 passed by the Learned I Additional District Court, Erode, in reversing the Judgment and Decree dated 11.10.1996 in O.S.No.69 of 1996 passed by the Subordinate Judge, Bhavani, Erode District.

(2.) The First Appellate Court, viz., the Learned First Additional District Judge cum Chief Judicial Magistrate, Erode, while passing the Judgment in A.S.No.34 of 1997 and the Cross-Objection filed by the Respondent/Plaintiff (as an Appellant) on 28.08.1998, has among things observed that the Suit in O.S.No.69 of 1996 has been filed on 13.12.1993, within three years from the date of dismissal of the Suit in O.S.No.249 of 1989 on 19.11.1993 and as such, the Suit in O.S.No.69 of 1996 is not barred by limitation and further opined that the trial Court, after deeper scrutiny in paragraph 13 of its Judgment in the main Suit, has mentioned that the cancellation of Sale Agreement based on the reason that as per Ex.B5, there is no amount of Rs.5,000/- is only a sham one, which is a proper decision and also in the present Suit, there is no delay on the part of the Respondent/Plaintiff and that when the Suit filed by Bagyam has been dismissed within one month, the present Suit has been filed by the Respondent/Plaintiff and has come to a categorical conclusion that the direction issued by the trial Court to return the advance received without granting the relief of Specific Performance cannot be accepted and resultantly, allowed the Appeal and also the Cross-Objection with costs.

(3.) Also, the First Appellate Court has directed the Appellants/Defendants to receive the balance sale consideration of Rs.1,30,000/- from the Respondent/Plaintiff in O.S.No.69 of 1996 and in respect of the Suit property, the Appellants/Defendants will have to execute the Sale Deed and register the same in favour of the Respondent/Plaintiff and also hand over vacant possession to him. The balance sale consideration of Rs.30,000/- will have to be deposited by the Respondent/Plaintiff after issuing notice either on 15.10.1998 or before that date and from the date of deposit within two months, the Appellants/Defendants have been directed to execute the Sale Deed and to register the same in respect of the Suit property in favour of the Respondent/Plaintiff and also to receive the amount deposited into the Court failing which the Respondent/Plaintiff can initiate Court proceedings for registration of Sale Deed and to obtain the possession.