JUDGMENT

(Prayer: This Appeal Suit has been filed, under Section 96 of CPC, against the judgment and decree, dated 27.04.2016, made in OS.No.100 of 2014, by the III Additional District Court, Salem.)

1. This Appeal Suit has been filed, against the judgment and decree, dated 27.04.2016, passed by the III Additional District Court, Salem, in OS.No.100 of 2014.

2. The suit was filed for specific performance of the sale agreement, dated 09.11.2012 and for permanent injunction and also for declaration of the gift settlement deed, dated 29.11.2013 executed, by the 1st Defendant in favour of the 2nd Defendant, as null and void and for costs.

3. The case of the Plaintiff is that the 1st Defendant had entered into a sale agreement, dated 09.11.2012, with the Plaintiff, in respect of suit property, for a total sale consideration of Rs.20,00,000/- and an advance of Rs.17,00,000/- was paid and possession and the documents were handed over to the Plaintiff. It was agreed that the sale should be completed within two years. Since the husband of the Plaintiff died on 19.07.2013, the sale could not be completed immediately. Taking advantage of the same, the 1st Defendant had executed a gift settlement