G LAKSHMI AMMAL Vs. AYYADURAI

JUDGEMENT

(1.) The first defendant and the legal representatives of the deceased second defendant in a suit for specific performance are the appellants herein. Though the defence plea was accepted by the trial court, the same was reversed by the first appellate court, wherein a decree for specific performance was granted in favour of the plaintiff. Hence, this second appeal has been brought forth.

(2.) The following short facts are noticed in the pleadings of the parties:

(3.) The first defendant resisted the suit stating that the first defendant executed an agreement as found in the plaint; that she has already agreed to sell the schedule mentioned property to the second defendant; that she has executed a sale agreement, wherein she agreed to sell it for a sum of Rs.16000/-; she received an advance of Rs.5000/- on that day itself; that she has also handed over the possession of the land to the second defendant on 30.3.1985 itself in view of the part performance of the sale agreement, and thus, the agreement in favour of the second defendant was earlier in point of time, and hence, the agreement executed in favour of the second defendant was to prevail and has to be acted upon and the agreement in favour of the plaintiff was of no legal effect, and hence, the suit was to be dismissed.