MURUGAN Vs. MOHANRAJ

JUDGEMENT

(1.) This Second Appeal is preferred as against the decree and judgment dtd. 13/6/2023 passed in A.S. No.22 of 2020, on the file of the Principal District Court, Villupuram, reversing the Judgment and decree dtd. 26/7/2019 passed in O.S. No.95 of 2015, on the file of the II Additional Subordinate Court, Villupuram.

(2.) The unsuccessful defendants before the first appellate Court have preferred the present Second Appeal. The respondent as plaintiff filed the above suit in O.S. No.95/2015 on the file of the II Additional Sub Court, Villupuram, against the defendant Murugan, for the relief of specific performance of the sale agreement dtd. 1/3/2012 marked as Ex.A1, which has been notarized on 3/3/2012. The 2nd defendant is the subsequent purchaser, while the appeal was pending. The trial court, partly decreed the suit directing the 1st defendant to repay a sum of Rs.1,00,000.00 with interest and dismissed the specific performance relief and the counter claim of returning certain document was allowed, against which, the plaintiff preferred the appeal suit in A.S. No.22/2020 on the file of Principal District Judge, Villupuram. The first appellate court allowed the appeal and dismissed the counter claim. Aggrieved by this, the present Second appeal is preferred.

(3.) At the time of admission the following substantial questions of law have been framed.