R. KARUPPUSAMY Vs. P. SIVARAJ

JUDGEMENT

(1.) This appeal has been filed against the decree of the trial court dated 24.09.2008 passed by the learned Additional District and Sessions Judge, Fast Track Court No.I, Coimbatore in O.S.No.53 of 2007. The defendant in the said suit is the appellant herein. The plaintiff/decree holder is the respondent in this appeal. The suit was filed for the relief of specific performance based on an agreement for sale dated 11.06.2006. By the said decree, the learned trial Judge granted the relief of specific performance directing the appellant herein/defendant to execute a sale deed after receiving the balance amount of sale consideration in accordance with the terms of the suit sale agreement. Aggrieved by and challenging the said decree of the trial Court granting the relief of specific performance, the present appeal has been filed on various grounds set out in the memorandum of grounds of appeal.

(2.) The respondent herein/plaintiff filed the above said suit for the relief of specific performance based on the averments made in the plaint, which are in brief, as follows:

(3.) Based on the above said pleadings, the respondent/plaintiff had prayed for a decree directing the appellant/defendant to specifically perform his part of the agreement and to do all acts necessary to convey the suit property to the respondent/plaintiff.