ASHOK KUMAR Vs. AMSU

JUDGEMENT

(1.) The decree holder in a suit for specific performance in O.S.No. 508 of 2010 on the file of the Principal Subordinate Court, Dindigul is the appellant herein. (A)Facts leading to the filing of this second appeal are as follows:

(2.) The defendant in the suit namely Pitchaimuthu is the absolute owner of the property. The plaintiff had entered into an unregistered sale agreement with the said Pitchaimuthu on 3/11/2009 for purchasing the said property. Since the defendant had not executed a sale deed pursuant to the sale agreement, the plaintiff had filed O.S.No.508 of 2010 seeking specific performance of the contract.

(3.) The defendant had received summon in the suit and had appeared through an Advocate. Along with the suit, the plaintiff had filed I.A.No.578 of 2010 seeking interim injunction restraining the defendant from alienating the suit schedule property. In the said application, the defendant sought time on 24/1/2011, 14/3/2011 and 15/4/2011 for filing a counter. However, counter was not filed. The defendant had executed a sale deed in favour of the third party, who is the claim petitioner herein, on 18/5/2011. Thereafter, the defendant was set exparte and an order of interim injunction was granted on 15/7/2011. A decree for specific performance was passed on 12/11/2011.