K S BALASUBRAMANIAM Vs. S MUNUSWAMY

JUDGEMENT

(1.) -Plaintiff's in O.S. No. 158 of 1998 on the file of the-District Munsiff's Court, Chingleput, is the revision petitionr.

(2.) It is the case of the plaintiff's that he has obtained an agreement for sale from the defendant who is the owner of the property. It is also said that the defendant in spite of various demands made by the plaintiff, has not come forward to execute the document and he has been evading to perform his part of contract for one reason or other. It was also contended that right from May, 1998, the defendant has been attempting to sell the property in favour of 3rd parties for higher price and has been evading registration of sale deed in favour of the plaintiff. It is also said that the plaintiff has also expressed his readiness and willingness to take the sale deed and even approached the defendant on 11.5.1998 to have the transaction completed, but the defendant was again evading to have the document executed. The suit was therefore laid for a decree of permanent' prohibitory injunction against the defendant, restraining him from alienating the property in favour of any person and, to award costs.

(3.) In the written statement filed by the defendant, he denied that he has executed any agreement for sale and tha so-called agreement is only created or fabricated by the plaintiff. lie also averred that he has not attempted to sell the property since there is no necessity for him to sell the same.