S.THIRUGNANASAMBANDAM Vs. P.KALIYAPERUMAL

JUDGEMENT

(1.) Namely the first defendant in the Original Suit, is the appellant in the Second Appeal. Kaliyaperumal, namely the plaintiff in the original suit, is the first respondent herein and the Junior Engineer, TNEB, Kurinjipadi and the Executive Engineer, TNEB, Kurinjipadi, namely the defendants 2 and 3 in the original suit, are the respondents 2 and 3 in the Second Appeal. The first respondent herein/plaintiff filed the original suit O.S.No.2/2005 on the file of Sub Court, Cuddalore for the relief of specific performance based on the suit agreement for sale dated 19.09.1992 allegedly executed by the appellant herein/first defendant in favour of the first respondent herein/plaintiff. Subsequently, the respondents 2 and 3 herein were impleaded as defendants 2 and 3 in the original suit with an additional prayer against them for a permanent injunction restraining them from disconnecting the electricity service connection bearing S.C No.1572/chavadi existing in the suit property.

(2.) The first respondent herein/plaintiff had filed the suit making the following plaint averments:

(3.) Respondents 2 and 3/defendants 2 and 3 in the original suit expressed their inclination to act according to the directions of the court. The appellant herein/first defendant alone resisted the suit by filing a written statement and additional written statement praying for the dismissal of the suit. In addition, he also made a counter claim for the recovery of possession of the suit property. The averments made in the written statement, additional written statement and the counter claim in brief, are, as follows: