Case Note & Summary
The appeal arose from the dismissal of Original Suit No. 48 of 2017 by the Additional District and Sessions Judge (FTC) Court, Arni, on 23.10.2018. The appellant, as plaintiff, had instituted the suit seeking specific performance of an agreement of sale dated 24.07.2010, delivery of possession of the suit property, and in the alternative, refund of the advance amount of Rs.1,00,000. The suit property, measuring 1.18 acres, belonged to the first defendant, and the second defendant is his son. The agreement fixed the total sale consideration at Rs.36,28,500, calculated at Rs.30,750 per cent. The period for performance was three months, though time was not deemed the essence of the contract, and the contract was to commence after the first defendant completed a survey to prove the extent. The plaintiff claimed to have always been ready and willing to perform his part, but alleged that the first defendant evaded execution of the sale deed and, to frustrate the contract, executed a settlement deed in favour of the second defendant. After issuing a notice on 23.02.2011, the plaintiff received a reply from the second defendant on 03.03.2011 containing false allegations. The trial court dismissed the suit, and the plaintiff, being unsuccessful, filed the present appeal under Section 96 read with Order 41 Rules 1 and 2 of the Code of Civil Procedure, 1908. During the appeal, the second respondent died, and respondents 3 and 4 were brought on record as his legal representatives. The instant judgment records the initial factual background and the nature of the reliefs claimed, but the final determination on the appeal is not recorded in the available text.
Issue of Consideration
Case Details
2026 LawText (MAD) (07) 25
AS No. 62 of 2019 and CMP No. 2902 of 2019, CMP No. 29640 of 2024, CMP No. 29638 of 2024
N. Sathish Kumar, M. Jothiraman
A. Panneerchelvam, D.R. Arunkumar
R. Ramalingam, R. Sivakumar (Died), R. Kuppammal, D. Lakshmi @ Latha
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Nature of Litigation
Appeal against dismissal of suit for specific performance of agreement of sale, delivery of possession and alternative relief of refund of advance amount.
Remedy Sought
Appellant (plaintiff) seeking specific performance of agreement of sale dated 24.07.2010, delivery of possession, and alternatively refund of advance amount of Rs.1,00,000.
Filing Reason
Defendants failed to perform their part of agreement and 1st defendant executed a settlement deed in favour of 2nd defendant to frustrate the contract, despite plaintiff's readiness and willingness.
Previous Decisions
Suit O.S.No.48/2017 dismissed by Additional District and Sessions Judge (FTC) Court, Arni on 23.10.2018.
Judgment Excerpts
Unsuccessful plaintiff has preferred the present appeal suit.
The Suit has been filed for Specific Performance, delivery of possession and for the alternative relief of refund of the advance amount.
The suit property belongs to the 1st defendant.
Agreement of Sale dated 24.07.2010 for a consideration of Rs.30,750/- per cent and the total sale consideration was fixed at Rs.36,28,500/-.
the plaintiff has paid an advance amount of Rs.1,00,000/-.
the 1st defendant, in order to frustrate the contact, executed a Settlement Deed in favour of the 2nd defendant
Procedural History
Plaintiff filed suit O.S.No.48/2017 before Additional District and Sessions Judge (FTC) Court, Arni for specific performance, possession and alternative refund. Trial court dismissed the suit on 23.10.2018. Plaintiff filed this appeal under Section 96 CPC and Order 41 Rules 1 and 2. During appeal, 2nd respondent died and his legal representatives were brought on record.
Acts & Sections
- Code of Civil Procedure, 1908: Section 96, Order 41 Rules 1 and 2
