LAWS(MAD)-2023-4-118

V. KAVURAJAN Vs. K.N. PERUMAL

Decided On April 06, 2023
V. Kavurajan Appellant
V/S
K.N. Perumal Respondents

JUDGEMENT

(1.) The present Civil Miscellaneous Appeal has been filed by the plaintiffs in a suit for specific performance challenging the order of dismissal of his application seeking interim injunction not to alienate the suit property pending suit.

(2.) The appellants herein had filed O.S.No.59 of 2016 on the file of the Principal District and Sessions Court, Virudhunagar District at Srivilliputhur, for the relief of specific performance of an agreement, dtd. 26/1/2008 and the cash receipt, dtd. 7/3/2008 said to have been executed by the defendants in the suit along with the suit. The plaintiffs had filed I.A.No.249 of 2016 seeking prayer for interim injunction as against the defendants not to alienate the property pending suit. In the said application, the plaintiffs had contended that the defendants had attempted to alienate the property through real estate brokers.

(3.) The defendants have filed a counter contending that the receipt of the amount is not towards sale consideration and the document was not executed as a sale agreement. The plaintiffs by playing fraud upon the defendants, managed to obtain the said sale agreement and the cash receipt.