G.RAJASURIA
Vinayagamoorthy – Appellant
Versus
Devaki – Respondent
G. Rajasuria, J.— This second appeal is focussed by the original plaintiff, animadverting upon the judgment and decree dated 25.8.2009 passed in A.S.No.17 of 2009 by the Principal Subordinate Judge, Villupuram, reversing the judgment and decree of the learned Principal District Munsif, Ulundurpet in O.S.No.188 of 2006. The parties are referred to here-under according to their litigative status and ranking before the trial Court.
2. A summation and surnrnarisation of germane facts absolutely necessary for the disposal of this Second Appeal would run thus:
(a) The plaintiff Devaki, respondent herein filed the suit for specific performance of agreement to sell in respect of an immovable property.
(b) The defendants resisted the suit.
(c) Whereupon the trial Court framed the relevant issules:
(d) Up went the trial, during which the plaintiff Devaki examined herself as PW1 and Exts. A1 and A2 were marked; and D1 Vinayagamoorthy, D2 Manonmani examined themselves as DW1 and DW2 along with DW3 Ayyappan and Exts. B1 to B3 were marked.
(e) Ultimately the trial Court decreed the suit granting specific performance in respect of Plot No.75, which is not the suit property, but
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