PONNIAMMAN EDUCATIONAL TRUST Vs. CHURCH OF CHRIST CHARITABLE TRUST AND EDUCATIONAL CHARITABLE SOCIETY

JUDGEMENT

(1.) THESE three appeals arise out of the common order dated 25.1.2006 in A.No.3560 of 2005, O.A.No.132 of 2005 and O.A.No.179 of 2006 respectively in C.S.No.115 of 2005 allowing application - A.No.3560 of 2005 and thereby rejecting the plaintiff's suit for specific performance C.S.No.115 of 2005 as against the 1st defendant and dismissing the applications filed by the plaintiff for interim injunction and for amendment. Unsuccessful plaintiff - Trust is the appellant.

(2.) SHORN of all previous litigations, the plaint averments in brief are as follows: -

(3.) IT was further averred that M/s.Karthik Granites Private Limited is a Company closely connected with the appellant and the said Karthik Granites Private Limited has filed C.S.No.915 of 1994 for specific performance of agreement to transfer the 51 grounds and 1950 sq.ft, which comprises the suit schedule property also. In 1997, a MOU dated 13.2.1997 was entered into between defendants 1 and 2 and Karthik Granites Private Limited and Appasamy Real Estates. As per the said MOU, Rs.65,00,000/ - was paid to M/s.Karthik Granites and it withdrew the suit - C.S.No.915 of 1994. According to 1st defendant, 2nd defendant Velayutham has no locus standi to enter into agreement of sale with plaintiff and the same is not binding on the the 1st defendant and therefore the suit against 1st defendant is without any cause of action and prayed to reject the suit against the 1st defendant.