KANNAN Vs. S.DAMODARAN

JUDGEMENT

(1.) THE second appeal has been preferred against the judgment and decree, dated 22.03.2007 passed in A.S. No. 11 of 2006 on the file of the Principal Subordinate Judge, Tiruvannamalai, confirming the judgment and decree, dated 30.11.2005 made in O.S. No. 1014 of 2004 on the file of the II Additional District Munsif (District Judge Training), Tiruvannamalai.

(2.) THE appellant herein was the defendant before the Trial court and the suit was filed by the respondent herein seeking specific performance of a contract. The respondent / plaintiff has averred that after receiving the sale consideration of Rs. 28,000/ -, as per the terms of the registered conditional sale deed, dated 17.05.2003, delivery of possession of the suit property should be given to the respondent / plaintiff by the appellant / defendant. However, the appellant / defendant was not ready and willing to receive the consideration back and execute sale deed in terms of the conditional sale deed, hence, the suit was filed by respondent / plaintiff, seeking specific performance of contract. The suit was decreed by the trial court, by its judgment, dated 30.11.2005, directing the appellant / defendant to execute re -conveyance deed, as per the terms of the conditional sale deed, dated 17.05.2003 and the Appellate Court, has confirmed the judgment and decree passed by the trial Court and dismissed the appeal, by its Judgment, dated 22.03.2007, aggrieved by which, the second appeal has been preferred by the defendant in the suit. The second appeal has been admitted on the following substantial questions of law :

(3.) IT is not in dispute that the respondent / plaintiff has sought judgment and decree, as per the terms and conditions of the conditional sale deed, Ex.B.11, dated 12.05.2003, whereby the appellant / defendant, after receiving the sale consideration, Rs. 28,000/ - should re -convey the property in favour of the respondent / plaintiff and deliver the possession of the property, failing which, the Court below has to execute sale deed through an officer of the Court, in terms of the registered conditional sale deed, dated 12.05.2003.