Ramaprasada Rao, J.- The first to the fourth defendants in O.S. No. 298 of 1966 in the Court of the Subordinate Judge of Tiruchirapalli, are the appellants. The plaintiff, one C.S. Appavoo Udayar filed a suit for the specific performance of a contract under which the first defendant purported to convey the suit property for a sum and consideration of Rs. 11,500. The plaintiff also sought for re-delivery of possession of the suit properties and for a direction as against the first defendant to account for the mesne profits ever since the date he was dispossessed of the properties to the date of actual re-delivery of possession. The relevant facts which led to the institution of the suit for specific performance of 3rd October, 1966 are as follows:-

2. Under Exhibit A-1, dated 2nd May, 1962 the plaintiff mortgaged certain properties not covered by the suit. It was discovered that the plaintiff did not have any title to such properties. Consequent upon such a mis-conduct and mis-representation on the part of the plaintiff, and as the first defendant’s security was in jeopardy, he gave a complaint to the police for cheating as against the plaintiff, under section 420, Indian Penal Code

Click Here to Read the rest of this document