G.RAJASURIA
S. Syed Abubakkar (died) – Appellant
Versus
Sardhar – Respondent
1. This Second appeal is focussed by the original defendant animadverting upon the judgment and decree dated 28.09.2005 passed in A.S.No.99 of 2003 by the learned Subordinate Judge, Dharmapuri, confirming the judgment and decree of the learned District Munsif, Arur in O.S.No.6 of 1998. The parties are referred to hereunder according to their litigative status and ranking before the trial Court.
2. The merits relating to the factual matrix as stood exposited from the records lie within a narrow compass which could tersely and briefly be set out thus:
(a) The plaintiff filed the suit seeking the following reliefs:
"(i) To order specific performance of the agreement of sale dated 18.10.1997 against the defendant and direct him to execute the sale deed in favour of the plaintiff;
(ii) In case of the default by the defendant act aforesaid prays this Hon'ble Court may be pleased to execute the sale deed in favour of the plaintiff for and on behalf of the defendant;
(iii) Granting permanent injunction in favour of the plaintiff restraining the defendant from executing the sale deed or creating any encumbrance over the third parties.
(iv) For costs." (extracted as such)
(b) The def
1. (2006) 5 Supreme Court Cases 545 – HERO VINOTH (MINOR) VS. SESHAMMAL.
2. 2008(4) SCALE 300 – KASHMIR SINGH VS. HARNAM SINGH AND ANOTHER.
4. (2011) 1 SCC 673 [VIJAY KUMAR TALWAR vs. COMMISSIONER OF INCOME TAX
10. Church of South India v. Raja Ambrose
5. 1996(1) MLJ 542 [Mahalingam v. A.S.Narayanaswamy Iyer and others]
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