KUPPUSWAMY PILLAI Vs. RAMAMURTHI PILLAI

JUDGEMENT

(1.) The plaintiff in O.S.No. 784 of 1995 on the file of the District Munsif Court, Vanur, is the appellant herein.

(2.) The suit in O.S.No. 784 of 1995 was originally filed before the Sub Court at Tindivanam and numbered as O.S.No. 188 of 1995 and had then been transferred to the District Munsif Court at Vanur was renumbered as O.S.No. 784 of 1995. It was filed by the plaintiff Kuppuswamy Pillai against two defendants Swaminatha Thanthiriyar and Ramamurthi Pillai, seeking a Judgment and Decree directing the first defendant to execute a sale deed in favour of the plaintiff after receiving the balance sale consideration of Rs.22,300.00 and in default for the Court to execute the sale deed on behalf of the first defendant and in the alternate to direct the first defendant to pay a sum of Rs.5,000.00 being the earnest money received under the suit sale agreement from the plaintiff and also for permanent injunction restraining the second defendant from interfering with the plaintiff's peaceful possession of the suit property under the guise of any sham and nominal document and for costs of the suit. By Judgment dtd. 30/7/1999, the suit was decreed for the relief of specific performance.

(3.) The defendants then filed A.S.No. 69 of 1999 before the Sub Court at Tindivanam, which appeal suit was then transferred to the Additional District Court / Fast Track Court No.1, Tindivanam and renumbered as A.S.No. 138 of 2002. By Judgement dtd. 7/3/2003, the Appeal was allowed and the grant of relief of specific performance by the trial Court was set aside and in the alternate, a decree was passed for return of the advance amount of Rs.5,000.00 together with interest.