VAITHIYANATHAN Vs. KALAVATHI

JUDGEMENT

(1.) THIS appeal has been preferred against the decree and judgment in A. S. No. 2 of 1995 on the file of the Court of Additional Subordinate Judge, Mayiladuthurai. The plaintiff in O. S. No. 363/1984 on the file of the District Munsif, Mayiladuthurai, had filed the suit for specific performance of a contract on the basis of an agreement dated 13. 5. 1980 entered into between the plaintiff and the defendant, who is none other than the brother of the plaintiff. The trial Court has granted only the alternative relief of payment of Rs. 1,300/ -. Aggrieved by the findings of the learned trial Judge, the plaintiff has preferred an appeal in A. S. No. 2/1995 on the ground that the trial Court instead of granting a decree for specific performance, has granted the alternative relief of money decree ie. return of Rs. 1,300/ -. The first appellate Court has allowed the appeal thereby granting a decree for specific performance as prayed for in the plaint. Hence, the second appeal by the defendant.

(2.) THE averments in the plaint relevant for the purpose of deciding this appeal in brief are as follows:

(3.) THE defendant in his written statement would contend as follows: