A C GANESAN Vs. M BAGYALAKSHMI AND OTHERS

JUDGEMENT

(1.) The plaintiff in O.S.No.561 of 2000 on the file of the learned I Additional Subordinate Judge, Salem is the appellant herein. The respondents are the defendants in the suit. Originally, the said suit was filed against the first defendant/first respondent alone. Subsequently, the defendants 2 and 3 were impleaded as parties to the suit. The said suit was filed by the appellant herein against the first defendant for specific performance of a contract of sale dated 23.04.1998. The trial Court decreed the suit as prayed for by decree and judgment dated 20.12.2010. As against the same, the defendants 2 and 3 filed an appeal in A.S.No.60 of 2012 and the first defendant filed a Cross Appeal No.81 of 2013. The learned I Additional District Judge, Salem by a common judgment dated 30.03.2015 allowed both the appeals and set aside the decree and judgment of the trial Court and dismissed the suit. As against the same, the plaintiff is before this Court with these two second appeals.

(2.) These second appeals have come up today for admission. I have heard the learned counsel for the plaintiff/appellant and the learned counsel for the defendants 2 and 3 in the suit, who has entered appearance on caveat and I have also perused the records carefully. The first defendant has not made appearance, as notice has not been ordered by this Court.

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