C.ANANTHA BASKARAN Vs. S.VENKATESAN

JUDGEMENT

(1.) This appeal has been preferred challenging the judgment and decree of the learned Principal District Judge, Tiruchirappalli, dtd. 14/11/2019 made in O.S.S.R. No. 13375/23/10/2019.

(2.) The appellant herein is the plaintiff in the suit; he filed a suit for recovering a sum of Rs.41,50,000.00 (Rupees Forty One Lakh and Fifty Thousand Only) from the defendants; the learned trial Judge without admitting the plaint rejected the same on the ground that there is no cause of action against the defendants; the plaintiff has raised allegation against the defendants on the ground that the sale agreement was made in favour of the first defendant for a sale consideration of Rs.74,00,000.00 (Rupees Seventy Four Lakhs Only) and later, the plaintiff, at the instructions of the first defendant and in order to facilitate the process of layout, executed a sale deed dtd. 25/3/2019 in favour of the second defendant, who is the wife of the first defendant; it is claimed that there is still balance sale consideration of Rs.41,50,000.00 (Rupees Forty One Lakh and Fifty Thousand Only) to be paid to the plaintiff and hence, he has filed the suit for recovery of money.

(3.) The learned trial Judge had chosen to reject the plaint on the threshold itself by observing that the first defendant was not a party to the sale deed and the second defendant was not a party to the sale agreement and when the sale deed was executed and completed, there cannot be any cause of action against the defendants to recover the suit amount, as pleaded; it has been further observed that no oral evidence can be let, in view of the bar under Sec. 92 of Indian Evidence Act; aggrieved over the same, the plaintiff has preferred this appeal.