MANI Vs. SURIAKALA

JUDGEMENT

(1.) The plaintiff in OS No.23 of 2011, who was favoured with a decree for specific performance by the Trial Court upon its reversal by the first Appellate Court, has come up with this Second Appeal.

(2.) According to the plaintiff, the deceased first defendant Ramadayalan, entered into an agreement of sale agreeing to convey 11 ? 1/2 cents of land in Survey No.193/2 of Dhandaswaranallur Village, Chidambaram Taluk, Cuddalore District, for a consideration of Rs.6,00,000/- on 29.01.2010.

(3.) According to the plaintiff, he paid an advance of Rs.2,00,000/- on the date of the agreement and three months time was fixed for the performance of the agreement. The plaintiff would further contend that one Meerabai filed a caveat, in respect of 17 cents of land in Survey No.193/2 against the deceased first defendant Ramadayalan and the plaintiff himself. On the filing of the Caveat, the plaintiff had required the deceased first defendant to discharge the encumbrance before conveying the suit property as per the agreement dated 29.01.2010.