NEELAKANDAN Vs. E.BALAKRISHNAN

JUDGEMENT

(1.) This Second Appeal has been filed by the defendants 5 and 6 against the judgment and decree passed by the Additional District Judge, (Fast Track Court No.II), Kancheepuram in A.S.No.112 of 2006 dated 03.11.2009 confirming the judgment and decree passed by the Sub-Judge, Kancheepuram in O.S.No.343 of 1994 dated 28.06.2005.

(2.) The first respondent herein had filed a suit in O.S.No.343 of 1994 on the file of the Sub-Judge, Kancheepuram for specific performance of the sale agreement dated 10.08.1994 directing the first defendant to execute a sale deed in respect of the suit property after receiving the balance sale consideration of Rs.2,40,000/- and deliver vacant possession of the suit property to the plaintiff and in the alternative for recovery of Rs.4,00,000/- as damages. The learned Sub-Judge, Kancheepuram by the judgment dated 28.06.2005 had decreed the suit for specific performance directing the defendants to receive the balance sale consideration of Rs.2,40,000/- and execute the sale deed in favour of the plaintiff within three months and also directed the defendants to pay the cost of the suit to the plaintiff. Aggrieved by the same, the defendants 5 and 6 had filed an appeal in A.S.No.112 of 2006 on the file of the Additional District Judge, (Fast Track Court No.II), Kancheepuram. The learned Additional District Judge, by the judgment dated 03.11.2009 had dismissed the said appeal confirming the judgment and decree passed by the trial Court. Feeling aggrieved, the defendants 5 and 6 have filed the present Second Appeal.

(3.) For the sake of convenience, the parties are referred to as described before the trial Court.