T M SUBRAMANIAM Vs. HENRY (DIED)

JUDGEMENT

(1.) This appeal is filed under Section 100 of the Code of Civil Procedure challenging the correctness of the judgment and decree passed in A.S.No.15 of 2011, on the file of II Additional District Court, Erode, dated 27.02.2018, confirming the judgment and decree in O.S.No.693 of 1995, on the file of I Additional Sub-Court, Erode, dated 22.11.2010.

(2.) The plaintiff is the appellant. The Suit was filed for specific performance to direct the defendants to execute the sale deed in favour of the plaintiff in respect of the Suit property and deliver possession of the same and upon failure, the Court to execute the sale deed in favour of the plaintiff and deliver possession. Alternatively the plaintiff sought for a direction upon the defendants to pay the plaintiff a sum of Rs. 1,92,000/-, with subsequent interest at 12% per annum on Rs. 1,20,000/- from the date of Suit till the realisation. The above Second Appeal has been filed raising the following substantial questions of law:-

(3.) Heard Mr.N.Manokaran, learned counsel appearing for the appellant, Mr.V.Raghavachari, learned counsel appearing for the Caveator.