SAMPATH Vs. KRISHNAVENI

JUDGEMENT

(1.) Aggrieved over the concurrent finding of the trial court and the first appellate Court in decreeing the suit for specific performance and dismissing the suit for permanent injunction, both these second appeals have been filed.

(2.) The second appeal in S.A.No.321 of 2012 is arising out of the suit in O.S.No.173 of 2004 filed for specific performance and the second appeal in A.S.No.320 of 2012 is arising out of the suit in O.S.No.252 of 2003 filed for permanent injunction. This Court admitted the second appeals on the following substantial questions of law :

(3.) The suit in O.S.No.173 of 2004 has been filed by the plaintiff for specific performance on the ground that first defendant being the owner and the second defendant being wife and their children have entered into an agreement for sale dtd. 19/9/2001 for sale of the suit property for a sum of Rs.60,000.00 and registered the agreement on the same date. It is also agreed to execute the sale deed within a period of two years after receipt of the balance sale consideration of Rs.10,000.00. The plaintiff is always ready and willing to perform her part of the contract. Hence, the suit.