V P MURUGESAN Vs. P SHIEK MIDEEN

JUDGEMENT

(1.) The plaintiff in O.S.No.384 of 2004 on the file of the learned District Munsif, Dharapuram is the appellant herein. The respondent is the sole plaintiff in the suit. The said suit was filed by the plaintiff seeking a decree for specific performance and to direct the defendant to execute a sale deed in respect of the suit property in favour of the plaintiff in terms of the sale agreement dated 13.05.2002 executed bilaterally between the plaintiff and the defendant. The suit was decreed as prayed for by the trial Court by decree and judgment dated 17.10.2006. As against the same, the defendant filed an appeal in A.S.No.56 of 2007 on the file of the learned Fast Track cum District Munsif, Dharapuram. By decree and judgment dated 24.10.2008, the first appellate Court allowed the appeal and set aside the decree and judgment of the trial Court and dismissed the suit. As against the same, the plaintiff has come up with this second appeal.

(2.) During the pendency of the second appeal, the appellant has filed M.P.No.1 of 2015 seeking to amend the prayer in the plaint to include the prayer for alternative relief of refund of advance of sale consideration paid under the sale agreement in question along with interest @ 18% per annum.

(3.) The case of the plaintiff is as follows:-