ARUMUGAM Vs. CHAMUNDIA PILLAI

JUDGEMENT

(1.) The plaintiff in O.S.No.47 of 1996 on the file of the District Munsif Court, Kallakurichi, is the appellant herein.

(2.) O.S.No.47 of 1996 had been originally filed as O.S.No.124 of 1991 before the Sub Court, Virudhachalam. It had been transferred and renumbered as O.S.No.171 of 1994 in Sub Court, Villupuram. It was thereafter again transferred and renumbered as O.S.No.47 of 1996, on the file of the Principal District Munsif, Kallakurichi. The suit was filed seeking specific performance of an agreement of sale. By judgment and decree dated 19.11.1996, O.S.No.47 of 1996 was decreed. Thereafter, the defendants filed A.S.No.1 of 1997 before the District Court, Villupuram. By judgment and decree dated 07.09.1988, the learned Principal District Judge, Villupuram, allowed the appeal and set aside the judgment of the Trial Court.

(3.) Challenging the judgment and decree in A.S.No.1 of 1997, the plaintiff had filed the present Second Appeal. The Second Appeal had been admitted on 21.07.2000, on the following two substantial questions of law:-