DECREE

DT.07.04.06

PASSED

IN

O.S.NO.41/2001 ON THE FILE OF THE CIVIL JUDGE

(SR.DN.) AND JMFC., CHINTAMANI, DISMISSING THE

SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT.

THIS APPEAL HAVING BEEN HEARD AND RESERVED

FOR JUDGMENT ON 28.10.2022, COMING ON FOR

'PRONOUNCEMENT OF JUDGMENT' THIS DAY, THE COURT

DELIVERED THE FOLLOWING:-

JUDGMENT

1.

Present

appeal

is

directed

against

the

judgment and decree passed in O.S.No.41/2001 dated

07.04.2006 on the file of Civil Judge (Sr.Dn) and JMFC.,

Chinthamani, whereby, the suit of the plaintiff came to

be dismissed.

3

2.

Parties are referred to as plaintiff and

defendants per their original ranking before the Trial

Court for the sake of convenience.

3.

Brief facts which are utmost necessary for

disposal of the appeal are as under:

Plaintiff filed a suit for specific performance and

consequential

relief

contending

that

plaintiff

was

approached by the defendants with an intention to sell

the suit property for their family and legal necessities.

After due negotiations, plaintiff agreed to purchase the

suit property for a sale consideration of Rs.1,38,000/-

and an agreement was entered into by plaintiff with the

defendants on 06.08.1998. It is further c