T.P. NATARAJAN Vs. P. SELVAKUMAR

JUDGEMENT

(1.) The defendant in a suit for specific performance of agreement of sale is the petitioner herein. He filed an application before the trial Court for rejection of plaint under Order 7 Rule 11 CPC on the ground that the suit is barred under Order 2 Rule 2 CPC. The trial Court dismissed the application and thus, the present Civil Revision Petition is filed by the defendant.

(2.) The respondents herein as plaintiffs filed the suit in O.S.No.188 of 2011 on the file of the Principal District Court, Erode (subsequently transferred to Fast Track Court, Gobichettipalayam), for specific performance of the sale agreement, dated 1.2.2010. It is their case that the defendant as the owner of the suit property, entered into the said sale agreement with the plaintiffs, agreeing to sell the suit property for a sum of Rs.14 lakhs and on the date of agreement, the plaintiffs paid a sum of Rs.2 lakhs as advance. According to the plaintiffs, they were always ready and willing to pay the balance amount to get the sale deed executed in their favour, but the defendant was evading the same. Therefore, after issuing notice on 3.3.2010, the plaintiffs have filed the above suit for the relief as stated supra.

(3.) The defendant filed I.A.No.17 of 2012 under Order 7 Rule 11 CPC for rejection of the plaint on the ground that the very same plaintiffs filed earlier suit in O.S.No.186 of 2010 before the District Munsif Court, Sathyamangalam against the present defendant and another, for mandatory injunction and they intentionally omitted therein to sue for specific performance of the agreement and by such conduct, they relinquished the said claim. The said application was resisted by the plaintiffs. The trial Court rejected the said application holding that the present suit is not hit by Order 2 Rule 2 CPC.