TAMILSELVI Vs. GANGASALAM

JUDGEMENT

(1.) THIS Second Appeal has been preferred against the concurrent findings of Courts below dismissing Plaintiff's suit for Specific Performance. Unsuccessful Plaintiff is the Appellant.

(2.) CASE of Plaintiff is that she entered into an agreement of sale Ex.A1 [23.09.1999] with Defendants 1 and 2 in respect of suit property - S.No,87/1 - 1.20 acres out of 9.80 acres for a sum of Rs.50,000/- and Plaintiff paid an advance of Rs.48,000/-. Further case of Plaintiff is that Defendants 1 and 2 committed breach of contract in refusing to honour the agreement of sale which necessitated the Plaintiff to file suit for Specific Performance.

(3.) ON the above pleadings, five Issues were framed in the trial Court. Plaintiff Tamilselvi was examined as PW1 and one Rajamurthy, Narayanaswamy and Mayavel who signed as witnesses in the suit agreement were examined as PWs.2 to 4 respectively and Village Administrative Officer [Rajamani] of Boothamur was examined as PW5. Exs.A1 to A5 were marked. ON the side of contesting Defendants 3 to 5, 4th Defendant Natarajan was examined as DW1 and witnesses in the sale deeds viz., Mahalingam and Rajendran were examined as DWs.2 and 3 and Exs.B1 to B6 were marked.