LAWS(MAD)-2022-11-334

R.KASILINGAM Vs. S.P.VADIVELU [DECEASED]

Decided On November 18, 2022
R.Kasilingam Appellant
V/S
S.P.Vadivelu [Deceased] Respondents

JUDGEMENT

(1.) The plaintiff in the suit in OS.No.12/2007 on the file of the Additional District Court [Fast Track Court-I], Erode, is the appellant herein in the above Appeal Suit.

(2.) The appellant filed the said suit for specific performance of an Agreement of Sale dtd. 22/11/2002 by directing the 1st defendant to execute the Sale Deed in respect of the suit property and for delivery of possession and in the alternative, to direct the 1st defendant in the suit to pay the plaintiff a sum of Rs.15,77,533.00 with future interest at the rate of 12% per annum on the amount of Rs.12,00,000.00 from the date of suit till the date of realisation.

(3.) The 1st defendant who is also the 1st respondent in the Appeal, is the owner of the suit property. It is admitted that the 1st defendant a Power of Attorney Deed in favour of the 2nd defendant authorising the 2nd defendant to negotiate for the sale of suit property or to enter into a Sale Agreement, receiving any advance amount and to execute the Sale Deed etc.