P.SATHASIVAM
K. M. Rajendran – Appellant
Versus
Arul Prakasam and Another – Respondent
First defendant in O.S. No. 57 of 1984 on the file of subordinate Judge, Kuzhithurai, is the appellant in the above appeal. First respondent herein/plaintiff in that suit filed the same for specific performance of an agreement dated 12-1-1982 and also permanent injunction restraining the first defendant from disposing of the property covered under the agreement either in favour of the 2nd defendant or in favour of the third parties. The trial Court after accepting the case of the plaintiff, decreed the suit as prayed for. Aggrieved by the said decree, the first defendant has filed the present appeal as stated above.
2. The case of the plaintiff is briefly stated hereunder :-
It is stated by the plaintiff that the plaint schedule property originally belonged to one Francis who gifted the same to the first defendant under a gift deed dated 19-1-1977. By virtue of the said gift deed, the first defendant became the owner and he constructed a building bearing No. 31-10-209-3. While so, the first defendant entered into a registered agreement with the plaintiff on 12-1-1982 to sell the plaint schedule property to the plaintiff for a sum of Rs. 46,000/- after receiving a sum of R
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