VANI Vs. MARKKANDAN

JUDGEMENT

(1.) This appeal is filed against the order in A.S. No. 25 of 2011 on the file of the Additional District Court, Pudukkottai, reversing the judgment and decree in O.S. No. 86 of 2005, on the file of the Subordinate Court, Pudukkottai. The appellant is the plaintiff in the suit. Respondents are the defendants 1 and 2 in the suit. The original suit was filed for the prayer of specific performance.

(2.) A brief substance of the plaint is as follows: The suit property was purchased by the first defendant through a registered sale deed dtd. 12/3/1987. Out of the total extend of 32 cents, the suit property is the Eastern side 10 cents. On 10/12/2002, the plaintiff and the first defendant entered into a sale agreement with regard to the suit property. The sale price was fixed as Rs.1,80,000.00. The plaintiff paid a sum of Rs.50,000.00 towards advance. The plaintiff was ready and willing to purchase the property. But the first defendant delayed the execution of sale deed. On 19/3/2005, the plaintiff took steps to survey the land. But the second defendant prevented the land being measured. When the plaintiff verified with the Sub Registrar Office, he came to know that a sale deed dtd. 8/1/2003 in respect of the suit scheduled property, was executed by the first defendant, his sister Ambika and the son of the said Ambika, in favour of the second defendant. Except, the first defendant, other executors are not the owners of the property.

(3.) On 4/11/1988, the first defendant has executed a sale deed in respect of the property with an extent 11 2/3 cents on the western side, in favour of one Natarajan who is the husband of Ambika. The sale deed dtd. 8/1/2003, was executed, giving an impression as if the sale deed dtd. 4/11/1988 is relating to the suit property.