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2021 Supreme(Mad) 669

S.M.SUBRAMANIAM
N. Karunamoorthy – Appellant
Versus
V. Mathiazhagan – Respondent


Advocates Appeared:
For the Appellant :A.V. Arun, Advocate.
For the Respondent:M.V. Seshachari, Advocate.

JUDGMENT :

Prayer: Appeal filed under Section 100 of Code of Civil Procedure against the decree and judgment dated 03.11.2014 made in C.M.A.No.5 of 2014 on the file of the Subordinate Judge, Poonamallee confirming the fair and decreetal order dated 06.02.2014 made in E.A.No.19 of 2008 in E.P.No.55 of 2005 in O.S.No.200 of 1990, on the file of the District Munsif, Ambattur.)

The facts in nutshell that are to be considered in the present civil miscellaneous second appeal are that on 14.05.1987, an agreement for sale was entered into between the respondent/plaintiff and the first defendant/S.Muthukrishnan. On 25.04.1988, the said property was conveyed by the first defendant in favour of the second defendant/T.Jane in Doc.No.2946/1988 at SRO, Ambattur which was marked as Ex.P3. The respondent/plaintiff instituted a suit for specific performance in O.S.No.200 of 1990 before the Sub-Court, Poonamallee, as against defendants 1 and 2/S.Muthukumar and T.Jane. The suit was decreed in favour of the plaintiff granting a relief of specific performance on 05.02.1992. The second defendant in the suit T.Jane had conveyed the said property in favour of one Sargunakumar on 21.08.1992 vide sale deed in

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