LAKSHMI AMMAL Vs. GEJARAJ

JUDGEMENT

(1.) The defendants are the appellants in this Second Appeal.

(2.) The 1st respondent/plaintiff filed a suit seeking for the relief of specific performance and for the relief of permanent injunction restraining the defendants from interfering with the possession and enjoyment of the suit properties and also restraining the defendants from alienating the suit properties.

(3.) The case of the plaintiff is that the suit properties were owned by the defendants 2 to 5. They executed a Power of Attorney document in favour of the 1st defendant. The 1st defendant, in his capacity as the Agent of the defendants 2 to 5, entered into an agreement of sale with the plaintiff on 12/5/2004. This document was marked as Ex.A3. The total sale consideration was fixed at Rs.50,000.00 and a sum of Rs.40,000.00 was paid as advance even on the date of the agreement. The further case of the plaintiff is that he was also put in possession of the suit properties and the original parent documents were also handed over to him. As per the sale agreement, the balance sale consideration of Rs.10,000.00 must be paid within a period of three years and the sale transaction must be completed.