K RAJU Vs. P RAMALINGAM

JUDGEMENT

(1.) Defendant Nos.4, 5, 9 to 12 in O.S.No.704 of 1981 are the appellants in A.S.No.646 of 1987 and Defendant Nos.6 to 12 in O.S.No.707 of 1981 are the appellants in A.S.No.647 of 1987. Both the suits in O.S.No.704 and 707 of 1981 on the file of the Principal Subordinate Court, Coimbatore, were filed for specific performance of an agreement of sale deed dated 16.7.1980 and for permanent injunction.

(2.) The case of the plaintiffs in O.S.No.704 of 1981 is as follows:-

(3.) The defendants 1 and 2 filed a written statement contending that Ponnuswamy Nadar was a real estate dealer and speculator and he was a neighbour to the defendants and he was also aware of the agreement of sale the defendants 1 and 2 had entered into with the 4th defendant on 27.3.1979. Thereafter, the first plaintiff created the sale agreement in his favour as if the defendants agreed to sell the suit property to him and therefore, the agreement dated 16.7.1980 projected by the first plaintiff for filing the suit for specific performance was not a genuine document and the defendants 1 and 2 entered into an agreement of sale with the 4th defendant on 27.3.1979 which was earlier in point of time and therefore, the first plaintiff cannot claim any right even under the agreement of sale. The first plaintiff also filed a criminal case against the defendants 1 and 2 for cheating and the defendants were convicted by the trial court and later acquitted in the appeal. Even in the criminal proceedings, genuineness of the agreement of sale dated 16.7.1980 was challenged by the defendants 1 and 2. Therefore, the defendants 1 and 2 are not liable to execute any sale deed and the plaintiffs are not entitled to the relief of specific performance.