G.B. CHAKRAVARTHI AND ORS. Vs. C. KISHANLAL

JUDGEMENT

(1.) This appeal has been preferred against the decree of the trial court dated 18.09.2012 passed in O.S.No.2500/2011 on the file of the XVIII Additional Judge, City Civil Court, Chennai. The above said suit was filed by the respondent herein for the relief of specific performance based on an agreement for sale dated 17.11.1988 in respect of the suit propertiesand also an alleged endorsement dated 20.03.1999. After contest, the learned trial judge upheld the prayer made by the respondent herein/plaintiff and granted a decree directing execution of a sale deed in respect of the suit properties on deposit of Rs.11,79,349/- being the balance sale consideration as per the agreement on or before 18.10.2012. As against the said decree, the appellants 1 to 4 preferred an appeal. Subsequently, by an order dated 27.11.2013 made in M.P.No.2/2013 in A.S.No.193/2013, the 5th appellant got impleaded.

(2.) The sole plaintiff in the original suit is the sole respondent in the appeal suit. The Original Suit was initially filed on the Original Side of the High Court as C.S.No.945/2002 against the deceased first defendant G.B.Chakravarthi. Subsequently, due to the change of law regarding pecuniary jurisdiction, the same came to be transferred to the City Civil Court, Chennai, renumbered as O.S.No.2500/2011 and made over to the Additional District Judge cum Sessions Judge, City Civil Court at Chennai (FTC No.4).

(3.) The plaint averments, based on which the sole respondent/plaintiff filed the suit for specific performance are, in brief, as follows: