MANICKAM Vs. DHANASEKARAN

JUDGEMENT

(1.) This second appeal is preferred against the judgment and decree dated 27.10.2014 made in A.S.No.22 of 2012 on the file of the III Additional District Judge, Salem.

(2.) This appeal has been preferred by the plaintiff in a suit for specific performance seeking reversing the judgment and decree rendered by the lower appellate Court which in turn set aside the judgment and decree passed by the trial Court for the following substantial question of law :

(3.) It is the case of the plaintiff/appellant that an agreement was entered into between the parties under Ex.A.1 dated 28.03.2002. As the defendant is not ready and willing to execute the sale deed despite the payment of the advance amount mentioned therein, a legal notice dated 03.04.2003 was issued. On receipt of the same, the defendant issued Ex.A.4 dated 12.04.2003 by way of reply notice. A sale deed was executed by the defendants 1 to 3 in favour of the fourth defendant under Ex.A.5 dated 31.05.2003 prior to it. Under those circumstances, the suit has been laid.