SUNDARAKANTHI Vs. B N GOVINDARAJ

JUDGEMENT

(1.) The second appeal has been preferred under Section 100 of the Code of Civil Procedure against the Judgment and Decree, dated 19.12.2007 passed in A.S.No.16 of 2007 on the file of the District Court, Uthagamandalam, confirming the judgment and decree, dated 31.01.2005 passed in the suit in O.S.No.233 of 2003 on the file of the Subordinate Judge, Uthagamandalam.

(2.) It is seen that the suit was filed by the respondent / plaintiff against the appellant / defendant, seeking specific performance of an agreement, dated 16.05.2001, directing the appellant / defendant to execute registered sale deed in favour of the respondent / plaintiff and if the appellant failed to execute sale deed, the trial court to execute the sale deed through an officer of the court, at the cost of the respondent / plaintiff.

(3.) It is not in dispute that after the trial, the trial court, granted a decree, directing the appellant to pay a sum of Rs.4,50,000/- together with 12% interest from 16.05.2001 till the date of decree and 6% subsequent interest till the date of realisation to the respondent herein with cost. Aggrieved by which, the defendant preferred appeal in A.S.No.16 of 2007 before the District Court, Uthagamandalam, and by Judgment and Decree, dated 19.12.2007, confirming the judgment and decree passed by the trial court, the appeal preferred by the appellant herein was dismissed with costs by the first appellate court. Aggrieved by which, this second appeal has been preferred by the appellant / defendant.