S. CHELLAMUTHU (DIED) Vs. P. SUBRAMANI

JUDGEMENT

(1.) The Sixth Defendant in the Suit is the Appellant. The Suit for Specific Performance filed by the First Respondent was decreed by the Trial Court. The Appeal filed by the Defendants 1 & 6 was dismissed. Aggrieved by the same, the Sixth Defendant filed this Second Appeal.

(2.) According to the First Respondent/Plaintiff, the Respondents 2 to 5 are the Owners of the property covered by the Sale Agreement. They executed a General Power of Attorney in favour of the deceased First DefendantChellamuthu and he entered into a Sale Agreement with the First Respondent on 27/1/2006 agreed to sell the property covered under the Agreement for a Sale consideration of Rs.1,25,000..00

(3.) The First Respondent paid an advance amount of Rs.1,00,000.00 on the date of Agreement itself and the balance of Rs.25,000.00 was agreed to pay within 1 1/2 years (on or before 26/7/2007). The First Respondent/Plaintiff issued a presuit Notice on 16/6/2010 calling upon the deceased First Defendant to execute the Sale Deed as per the Sale Agreement. The First Defendant issued a reply claiming that the Suit Sale Agreement is a sham and nominal document and the First Respondent had got no right under said Agreement. Therefore, the First Respondent was constrained to file a Suit for Specific Performance on 26/7/2010. Subsequent to filing of the Suit, the Plaintiff acquired knowledge that the Suit property was sold by deceased First Defendant in favour of the Appellant on 30/6/2010 and therefore, he was arrayed as Sixth Defendant in the Suit.