A JAYALAKSHMI Vs. M RAMALINGAM

JUDGEMENT

(1.) THE Second Appeal is filed by the defendants 2 to 5, against the judgment and decree of the Principal District Court, Perambalur, dated 11.10.2002 in A.S.No.131 of 2002, against the judgment and decree of the Sub-Court, Ariyalur dated 17.09.2001 in O.S.No,210 of 1994.

(2.) THE averments in the plaint are as follows:THE suit properties absolutely belong to the first defendant. He entered a sale agreement on 03.04.1994 to sell the properties to the plaintiff for Rs.1,69,000/- and also received Rs.5,000/- in advance. He agreed to receive the balance amount of Rs.1,64,000/- on or before 30.07.1994 and execute the sale deed in favour of the plaintiff. It was also agreed that if the first defendant fails to make the sale deed in favour of the plaintiff by receiving the balance amount, he has to repay, the advance amount of Rs.5,000/-. Apart from that, he has to give Rs.25,000/- as damages to the plaintiff and failing to do so, the plaintiff can go to the court and collect the same. Since the first defendant was not ready to execute the sale deed, the plaintiff issued notice on 26.04.1994. He received the reply notice dated 03.05.1994 with false and frivolous allegations. THE first defendant has also given a complaint before the Sub-Inspector of Police, Perambalur as if the plaintiff fabricated the sale agreement. After enquiry, the Police directed to settle the matter as per the agreement in the village. THE alleged settlement deed in favour of the defendants 2 to 4 is not true and genuine and it was fabricated. Hence, the plaintiff was constrained to implead the defendants 2 to 4 as parties to the proceedings, since the settlement deed in their favour, is fabricated and to avoid future litigation and multiplicity to proceedings. He was constrained to file the suit for specific performance and for other reliefs.

(3.) THE learned Subordinate Judge, Ariyalur, after considering the averments of the plaint and the written statement, has framed 5 issues and considered the oral evidence of P.Ws.1 and 2 and D.Ws.1 to 3, Exhibits A-1 to A-9, Exhibits B-1 to B-5 and Exhibits X-1 and X-2, and decreed the suit as prayed for in the plaint, granting one month time for depositing the amount. Against that, the defendants have preferred appeal in A.S.No.131 of 2002 on the file of Principal District Court, Perambalur. THE learned first appellate Judge has framed four points for determination and considering the arguments of both the counsel, concurred with the findings of the trial Court and dismissed the appeal. Against that, the present Second Appeal has been preferred by the defendants 2 to 5.