V. SUBRAMANIAYM Vs. RAMESH

JUDGEMENT

(1.) This second appeal has been filed by the plaintiff in O.S.No. 85 of 1999 on the file of the Subordinate Court, Kulithalai.

(2.) Originally, the plaintiff filed O.S.No.863 of 1994 before the Subordinate Court, Trichy. That suit was subsequently transferred to the Subordinate Court, Kulithalai and renumbered as O.S.No.85 of 1996. The suit had been filed by the plaintiff, V.Subramaniyam against two defendants, Ramesh and Dhanam. The suit had been filed seeking specific performance of agreement of sale and for permanent injunction restraining the second defendant from putting up any construction in the suit property and for costs of the suit.

(3.) The suit came up for consideration on 21.01.1999 and the learned Subordinate Judge, Kulithalai, had decreed the suit. The second defendant had filed A.S.No.190 of 1990 before the Additional District Court, Karur. The plaintiff also filed Cross Appeal in A.S.No.190 of 1990. Both the appeal and the cross appeal were taken up together by the learned Additional District Judge-cum-Principal Judicial Magistrate, Karur, who by judgment dated 05.12.2000, allowed the appeal and dismissed the cross appeal. Challenging that judgment and decree, the plaintiff had filed the present second appeal.