PICHANDI Vs. PONNURANGAM

JUDGEMENT

(1.) This Second Appeal is filed against the Judgment and Decree dtd. 27/9/2012 made in A.S.No.95 of 2010 on the file of the Court of Subordinate Judge, Ranipet, Vellore District reversing the Judgment and Decree dtd. 23/8/2010 made in O.S.No.65 of 2009 on the file of the Court of District Munsif, Ranipet, Vellore District.

(2.) The appellants herein are the defendants in the suit in O.S.No.65 of 2009 on the file of the District Munsif, Ranipet, Vellore District filed by the respondent herein for the relief of specific performance directing the first defendant to execute the sale deed as per the sale agreement and for delivery of legal possession of the property. The second defendant is the purchaser of the suit property from the first defendant. The first defendant totally denied the alleged sale agreement dtd. 18/12/1988 and also contended as absolute owner and he sold the property to the second defendant in the year 2007 thereby denied the plaintiff's right over the property.

(3.) Before the Trial Court both the parties adduced the evidence and nearby about 9 issues were framed and on considering the evidence on record, the learned Trial Judge held that the sale agreement is true and valid, but he failed to prove his readiness and willingness and no reason was offered to file the suit after 21 years of the alleged sale agreement and hence dismissed the suit.