K. BALASUBRAMANI Vs. K. SUBRAMANI

JUDGEMENT

(1.) THIS Second Appeal has been directed as against the Judgment and Decree, dated 30.09.2013, passed in A.S. No. 47 of 2013, on the file of the learned Principal Subordinate Judge, Dindigul, confirming the Judgment and decree, dated 08.02.2013, passed in O.S. No. 197 of 2011, by the learned District Munsif, Nilakottai.

(2.) THE plaintiff and the defendant are blood brothers. The plaintiff instituted the suit in O.S. No. 197 of 2011, in the Court of District Munsif, Nilakottai, seeking declaration as to his title based on Ex. A3 Sale Agreement and for consequential injunction.

(3.) UNDER Ex. A3, dated 21.01.1995, the defendant is agreed to sell the suit property for Rs. 59,000/ - inclusive of the advance paid under Ex. A3 and further amounts paid under Ex. A4, totally Rs. 62,000/ - has been paid. However, a regular Sale Deed has not been executed by the defendant in favour of the plaintiff. Under these circumstances, the plaintiff had filed the suit for a declaration as to his title to the suit property.