JUDGMENT

This Appeal has been filed against the Judgment and Decree dated 23.03.2023 in O.S.No.47 of 2018 on the file of the Additional District Court, Krishnagiri.

2.The Plaintiff in the Suit is the Appellant herein.

3.The Plaintiff filed Suit in O.S.No.47 of 2018 for the relief of specific performance or any alternate relief. After trial, the learned Additional District Judge, Krishnagiri rejected the main relief of specific performance, however, granted an alternate relief of refund of Rs.5,00,000/- along with 12% interest per annum. As against the rejection of the main relief of specific performance, the Plaintiff has preferred this Appeal against the grant of alternate relief of refund of advance amount of Rs.5,00,000/-, the Defendant has not filed any Appeal or cross Appeal or cross objection.

4.For the sake of convenience the parties are referred to as per their ranking before the trial Court.

5.On the date of filing of the Suit, the original Defendant viz., Kamalesh is a minor and hence Suit was filed against the minor represented by his biological Mother viz., Selvi @ Kalaiselvi and on attaining the majority, necessary application was filed to declare him as major and causetitl