P.V. CHINNARAJ Vs. V. NAGARAJ

JUDGEMENT

(1.) This Civil Miscellaneous Appeal arises against the order of remand dated 19.11.2010. in A.S.No. 4 of 2010 on the file of the Subordinate Judge, Hosur in remitting the judgment and decree dated 20.06.2006 in O.S.No.38 of 2005 to the file of the Judicial Magistrate cum District Munsif Court at Denkanikottai.

(2.) The appellant is the plaintiff in suit filed in O.S.No.38/2005 on the file of Judicial Magistrate cum District Munsif, Denkanikottai. He sought specific performance of contract of sale and for delivery of possession on the basis of an alleged sale agreement entered into with the defendant/respondent. The case of the plaintiff was that pursuant to an agreement of sale dated 11.04.2003, the appellant/plaintiff had paid the defendant a sum of Rs.75,000/-. Period of two years stood provided for payment of balance sum of Rs.50,000/-. The appellant/plaintiff was always willing and ready to perform his part of contract and has repeatedly called the respondent/defendant to effect performance, but the respondent had failed to do so. The appellant issued notice dated 01.04.2005. The defendant issued a reply notice containing false particulars. The case of the respondent/defendant was that he had borrowed a sum of Rs.50,000/- in the year 2002. At such instance, he had signed a blank promissory note owing to pressure exerted by the plaintiff and persons acting on his behalf. The value of the property was Rs.3,50,000/-. The suit was decreed and there against A.S.No.4/2010 was filed wherein an application for recording additional evidence was moved in I.A.No. 101/2010. The Lower Appellate Court has set aside the judgment and remanded the matter for fresh consideration. Aggrieved thereby, the appellant had preferred the present appeal.

(3.) Heard learned counsel for appellant and learned counsel for respondent.