PUNJAB & SIND BANK Vs. DEWA PROPERTIES LIMITED

JUDGEMENT

(1.) The above O.S.A has been filed, against the fair and decretal order dated 12.10.2018 in Application No.6787 of 2018 in C.S.No.668 of 2004. The above suit was filed by the appellant herein for a specific performance to direct the respondent herein to execute and register a 99 years sale cum lease in favour of the appellant herein based on the alleged contract as per the offer letters dated 12.11.1980 and 19.09.1983 and acceptance letters dated 24.11.1980 and 19.04.1984.

(2.) The trigger for filing the above suit appears to be a previously instituted rent control proceeding by the respondent and against the appellant vide RCOP.No.1109 of 2001 filed before the Small Causes Court for fixation of fair rent under Section 4 of the Tamilnadu Rent Control Act (1960). In the said proceeding, the appellant has not disputed with character of the possession as lease. However, in the above suit filed in the year 2004 the appellant has sought for a specific performance to direct the respondent to execute a 99 years sale cum lease in its favour.

(3.) In the said suit, after the cross examination of PW-1 on 27.07.2012 and after cross examination of DW-1 on 27.08.2012, the appellant filed Application No.6787 of 2018 on 21.08.2018 under Order XIV Rule 8 of O.S Rules R/W. Section 151 of C.P.C to mark 13 other documents.