AMBAR BATCHA Vs. V SAKTHIVEL

JUDGEMENT

(1.) THE appellant has challenged the judgment and decree dated 5/7/1990 passed in Original Suit No.132 of 1985 by THE Sub-Court, Dindigul.

(2.) THE appellant as plaintiff has instituted the Original Suit No.132 of 1985 on the file of the Sub-Court, Dindigul for the relief of specific performance, wherein the present respondents have been arrayed as defendants. THE trial Court after contemplating both the oral and documentary evidence adduced on either side has dismissed the suit. But however, directed the first defendant to pay the advance amount of Rs.5,000/- to the plaintiff. Against the judgment and decree passed by the trial Court, the present appeal has been filed at the instance of the plaintiff.

(3.) THE learned counsel appearing for the appellant with great vehemence has contended that the suit property is the absolute property of the first defendant and he entered into an agreement of sale on 18/1/1985 with the plaintiff and thereby agreed to sell the suit property. But in order to defeat the right of the plaintiff, the first defendant has created a sham and nominal settlement deed in favour of the defendants 2 to 5 and the same is not binding upon the plaintiff and since the defendants have refused to execute a sale deed in favour of the plaintiff in pursuance of the sale agreement dated 18/1/1985, the plaintiff has come forward with the present suit for the relief of specific performance. But the trial Court without considering the contentions urged on the side of the plaintiffs has refused the relief of specific performance and under the said ambience, the judgment and decree passed by the trial Court are liable to be set aside.