JEBAKUMAR Vs. ROBERT SOLOMON

JUDGEMENT

(1.) WITH the consent of both the parties, CMA(MD)Nos. 129 of 2013 and 433 of 2013 are taken up together for final disposal.

(2.) CMA (MD)No. 129 of 2013 is filed by the plaintiff in O.S. No. 13 of 2008 on the file of the District Court, Tirunelveli, wherein the respondent in CMA(MD)No. 129 of 2013 is the sole defendant. The aforesaid suit in O.S. No. 13 of 2008 is a suit for specific performance of an agreement dated 30.03.2007 entered into between both the parties in respect of the sale of property. The plaintiff issued legal notice dated 07.02.2008 directing the defendant to perform his part of the contract by coming to Registrar's Office to execute the sale deed on 08.02.2008, otherwise the plaintiff would take proper legal action.

(3.) AFTER hearing both the sides, the Additional Sub -Court, Tirunelveli, decreed the suit on 05.07.2011. As against the judgment and decree dated 05.07.2011 in O.S. No. 188 of 2010, the defendant therein filed A.S. No. 6 of 2012 before the District Judge, Tirunelveli.