Perumayee vs Madheswaran - 2022 Supreme(Mad) 1607

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Mad) 1607

C. V. KARTHIKEYAN
Perumayee – Appellant
Versus
Madheswaran – Respondent

Advocates appeared:
For the Appellant:T. Dhanyakumar, Advocate. For the Respondent:B. Kumar, Senior Counsel, S. Senthil, Advocate.

JUDGMENT

(Prayer: Appeal Suit filed under Section 96 of CPC to set aside the judgment and decree dated 13.08.2018 in O.S.No.15 of 2014 on the file of the Sessions (Fast Track Mahila) Court, Namakkal.)

1. The defendant in O.S.No.15 of 2014 on the file of the Sessions (Fast Track Mahila) Court at Namakkal, is the appellant herein.

2. O.S.No.15 of 2014 had been filed by the respondent herein, seeking specific performance of an Agreement of Sale with respect to the vacant land totally measuring 2.73 acres, situated in S.No.504/1A to an extent of 1.95 acres and in S.No.504/2A to an extent of 0.78 acres at Rasipuram in Namakkal District.

3. The said suit came up for consideration before the Fast Track Mahila Court, Namakkal and by judgment dated 30.08.2018, the suit was decreed with costs and one month time was granted to the defendant to perform the agreement and execute the sale deed, failing which, the Court shall execute the sale deed. The plaintiff was directed to pay the balance sale consideration of Rs.10,00,000/-. Questioning that particular judgment and decree, the defendant has filed the present Appeal.

O.S.No.15 of 2014:-

4. The plaintiff / Madheswaran had filed the suit for specifi