S. SEKAR Vs. V. SHANMUGHASUNDARAM

JUDGEMENT

(1.) For the sake of convenience parties are referred to as per their ranking in A.S.No.34 of 2015.

(2.) The defeated 1st defendant in O.S.No.3 of 2010 is the appellant in A.S.No.34 of 2015. The very same person also filed O.S.No. 32 of 2012 for permanent injunction and the same was dismissed and hence, he filed the appeal in A.S(MD)No.57 of 2016.

(3.) The defeated first defendant in O.S.No.3 of 2010 has filed the above A.S.(MD) No.34 of 2015. The first respondent / plaintiff filed O.S.No.3 of 2010, before the Principal District Court, Karur, for specific performance of the agreement entered into between him and the appellant herein. The appellant herein is the owner of the suit property and he agreed to sell the same for Rs.23,50,000.00 per acre. He received Rs.5,00,000.00 towards advance on 1/11/2009 from the first respondent herein and thereafter, he failed to execute the sale deed in favour of the first respondent. Hence, the first respondent filed the suit for specific performance. Another suit in O.S.No.32 of 2012 was filed by the appellant herein for injunction against the first respondent herein and others. A joint trial was conducted in both the suits. The suit filed for specific performance was decreed and the suit filed for injunction was dismissed. Hence, the present appeals.