B. Venkatarama Chetty vs Annapoorani @ Usha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Mad) 2038

R. N. MANJULA
B. Venkatarama Chetty – Appellant
Versus
Annapoorani @ Usha – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Ms.V.Srimathi
For the Respondent: Mr.V.Nicholas

JUDGMENT :

R.N.Manjula, J.

PRAYER: Second Appeal is filed under section 100 of the Code of Civil Procedure, 1908, to set aside the judgment and decree dated 23.07.2012 made in A.S. No. 19 of 2010 on the file of the Principal District Court, Krishnagiri, reversing the judgment and decree dated 21.06.2010 made in O.S. No. 88 of 2006 on the file of the Principal Subordinate Court, Krishnagiri.

The appellant is the plaintiff, who has filed a suit for specific performance against the defendant. The trial Court had decreed the suit and the first appeal preferred by the defendant, the first appellate Court had allowed the first appeal and reversed the judgment and thereby, dismissed the suit. Aggrieved over that, the plaintiff has preferred the second appeal.

2. The short facts pleaded in the plaint are as under:-

The plaintiff and the defendant have entered into a sale agreement in respect of the suit property on 18.07.2001 for a total sale consideration of Rs.2,00,000/-. On the date of sale agreement itself Rs.25,000/- was received in advance. The defendant agreed to receive the balance sale consideration within five years. On 02.11.2001, the defendant has paid a further part sale considerat