JEYABARATHI Vs. SHANMUGAM

JUDGEMENT

(1.) THE concurrent Judgments and decrees passed in Original Suit No. 29 of 2005 by the District Munsif Court, Mudhukulathur and in Appeal Suit No. 2 of 2011 by the Sub Court, Paramakudi are being challenged in the present second appeal.

(2.) THE appellant herein as plaintiff has instituted Original Suit No. 29 of 2005 on the file of the trial Court for the relief of specific performance, wherein the present respondents have been shown as defendants.

(3.) IN the written statement filed on the side of the defendants, it is averred that the suit property is originally belonged to the plaintiff and she sold the same in favour of the first defendant for valuable consideration by virtue of sale deed dated 02.06.1999 and since then the first defendant has been in possession and enjoyment of the same as rightful owner. It is false to aver in the plaint that on 02.06.1999 itself, the first defendant has agreed to sell the suit property in favour of the plaintiff and to that extent he has executed the suit sale agreement. The suit sale agreement is nothing, but concoction and there is no merit in the suit and the same deserves to be dismissed.