G. THOMAS NOEL Vs. VIJAYALAKSHMI AMMAL

JUDGEMENT

(1.) Challenging the Judgment and Decree, dated 21.06.2011 passed by the learned District Judge, Nilgiris at Udagamandalam in O.S. No. 24 of 2010, dismissing the suit for the relief of specific performance of contract and permanent injunction and directing the defendant to pay the advance amount with interest, the plaintiff as appellant preferred this Appeal Suit.

(2.) The plaint averments are as follows :

(3.) The defendant in her written statement avers that the plaintiff has not come to Court with clean hands and therefore, he is not entitled to the relief of specific performance. All allegations and averments made in the plaint are denied. There has been an agreement entered into by the power of attorney of the defendant, one Mr. P.N. Raman who had a very limited power of entering into an agreement. The receipt of the advance amount is admitted. The question of measurement did not arise as the document was clear and it would have been necessary only if there was a doubt. The conduct of the plaintiff would clearly show that the clause was not meant to be acted upon. The vacating of the watchman cannot be taken as a condition to be fulfilled within a month from the date of agreement and the same is fatal to the plaintiff's case. At no point of time, the defendant sought any smaller further advance.