JUDGMENT :

BELA M. TRIVEDI, J.

1. The present appeal is directed against the judgment and order dated 15.06.2010 passed by the High Court of Judicature at Madras in Appeal Suit No. 196 of 2002, whereby the High Court has allowed the said appeal, modified the decree passed by the Subordinate Judge, Poonamallee (hereinafter referred to as the “Trial Court”) in O.S. 212 of 1993, and decreed the said suit by granting the prayer for specific performance and also for permanent injunction against the present appellant (original defendant) in respect of the suit property.

2. The respondent (original plaintiff) had filed the suit in the Trial Court seeking specific performance of an agreement for sale dated 05.10.1989, against the appellant (original defendant) and had prayed in the alternative for refund of the earnest (advance) money with interest, and also for the compensation. The respondent had also prayed for permanent injunction restraining the appellant – defendant from alienating or transferring the suit property to any third party. The Trial Court partly decreed the suit granting prayer for refund of the earnest money with interest at the rate of 12% per annum and dismissed the suit