SHANTHAMMAL Vs. E. NARAYANASWAMY AND ORS.

JUDGEMENT

(1.) ALL the four Second Appeals in S.A. Nos. 872 & 873 of 1995 and 97 & 997 of 1996 are arising out of two suits in O.S. Nos. 33 of 1987 and 139 of 1992.

(2.) WHILE O.S. No. 33 of 1987 is filed by one Narayanaswamy for specific performance of the suit agreement against the owner of the property and subsequent purchasers by name Ganga Reddy, Shanthammal and Sumathi arraying them as defendants 1 to 3, O.S. No. 139 of 1992 is filed by Shanthammal, who is one of the subsequent purchasers and the second defendant in O.S. No. 33 of 1987 for the relief of injunction. The trial court decreed the suit for specific performance and dismissed the suit for injunction. Aggrieved against the same, Shanthammal who is the second defendant in O.S. No. 33 of 1987 and the plaintiff in O.S. No. 139 of 1992 filed A.S. No. 1 of 1994 and 2 of 1994. The owner of the property who is the first defendant in O.S. No. 33 of 1987 filed A.S. No. 18 of 1994 against the decree for specific performance granted in O.S. No. 33 of 1987. The lower appellate court allowed the appeals in A.S. Nos. 1 and 2 of 1994 filed by the second defendant in specific performance suit and the plaintiff in injunction suit and dismissed A.S. No. 18 of 1994 filed by the owner in specific performance suit and in injunction suit. Aggrieved against the same all the four second appeals came to be filed.

(3.) THE Substantial Questions of Law arose for consideration before this court in the S.A. Nos. 97 of 1996; 872 & 873 of 1995 and 997 of 1996 are as follows :