RADHA LAKSHMANAN Vs. M.S. GURUSAMY

JUDGEMENT

(1.) THE unsuccessful plaintiff whose suit for specific performance to execute and register sale deed in respect of plot No. 212 Periyar Nagar, Korattur, Madras, by enforcing the agreement of sale dated 25.09.1993 entered with the defendant having been dismissed, again getting another dismissal from the appellate Court, has brought the appeal. This Court, while entertaining the second appeal, has framed the following 3 substantial questions of law for consideration:

(2.) WHETHER the respondent is estopped by conduct in pleading that the agreement of sale dated 25.10.1993 is void because he had entered into the said Agreement with full knowledge of its authenticity and with an intention to transfer the same absolutely after remitting the entire sale consideration to TNHB and hence the concept of contra profendum would apply? Whether the courts below should have held that the entire sale consideration for the purchase of the plot having been remitted to TNHB by the defendant long prior to entering into the Agreement of Sale, the said transaction cannot be termed as speculative in nature to fall within the mischief of Section 23 of the Indian Contract Act."

(3.) UNDER this background, the learned trial Court by framing the following issues: