ASSODAI Vs. SUBRAMANIAN

JUDGEMENT

(1.) This second appeal has been filed by the defendant against the judgment and decree passed in A.S.No.151 of 1999 on the file of the Second Additional District Judge, Pondicherry, dated 24.01.2000, confirming the judgment and decree passed in O.S.No.929 of 1995 on the file of the First Additional District Munsif, Pondicherry, dated 30.06.1999.

(2.) The respondent herein has filed a suit in O.S.No.929 of 1995 on the file of the III Additional District Munsif, Pondicherry for specific performance of the sale agreement, dated 27.05.1982 and for permanent injunction, restraining the defendant from alienating the suit property. The learned III Additional District Munsif, Pondicherry, by his judgment dated 24.11996 has dismissed the said suit. Aggrieved by the same, the plaintiff has filed an appeal in A.S.No.70 of 1997 on the file of the Principal District Judge, Pondicherry. The learned Principal District Judge, Pondicherry has allowed the said appeal on 08.11998 and remanded the matter to the trial court for fresh disposal. Further, as per the requests made by both sides' counsel, the learned Principal District Judge, Pondicherry had sent the said suit to the First Additional District Munsif, Pondicherry for disposal. Accordingly, the First Additional District Munsif, Pondicherry has disposed of the said suit by the judgment dated 30.06.1999 and decreed the suit as prayed for. As against the said judgment and decree, the defendant has filed an appeal in A.S.No.151/1999 on the file of the II Additional District Judge, Pondicherry. The said appeal was dismissed, confirming the judgment and decree passed by the learned First Additional District Munsif, Pondicherry, dated 30.06.1999. Aggrieved by the same, the defendant has preferred the present second appeal. For the sake of convenience, the parties are referred to as described before the trial court.

(3.) The averments made in the plaint are in brief as follows: