JAMUNA Vs. GANESAN

JUDGEMENT

(1.) The unsuccessful plaintiff before the first appellate Court, has filed this Second Appeal challenging the judgment and decree dated 26.11.2010 in A.S.No.80 of 2007 on the file of the Subordinate Court, Kancheepuram, in reversing the judgment and decree dated 28.03.2007 in O.S.No.240 of 2004 on the file of the Additional District Munsif Court, Kanchipuram.

(2.) The plaintiff approached the trial Court contending that a sale agreement was entered into by the defendant with the plaintiff on 27.06.1998. As the defendant has failed to execute the sale deed, the suit was filed for specific performance and mandatory injunction, and in the alternative, if the Court comes to the conclusion that the plaintiff is not entitled to the relief of specific performance, recovery of Rs.76,000/- may be directed to be paid by the defendant.

(3.) The defendant denied the allegations made in the plaint with regard to the sale agreement contending that there was no agreement whatsoever the sale. The defendant further contended that there was an earlier agreement dated 11.03.1992 and the present one is in continuation of the earlier agreement and that loan was obtained for a sum of Rs.80,000/- and the possession of the property was agreed to be given to the defendant, as at the time of availing the loan, the possession was given to the plaintiff.