BHASKARAN NADAR Vs. KESAVAN NADAR

JUDGEMENT

(1.) The defendants are the appellants. The second appeal S.A. No. 2014 of 2000 is filed against the judgment and decree dated 31.8.2000 in A. S. No. 25 of 1999 of the learned Additional District Judge. Nagercoil, confirming the judgment and decree dated 2.4.1997 in O.S. No. 113 of 1994 of the learned Subordinate Judge, Kuzithurai.

(2.) The Second Appeal S.A. No. 558 of 2001 is filed against the judgment and decree dated 31.8.2000 in A.S. No. 26 of 1999 of the learned Additional District Judge, Nagercoil, confirming the judgment and decree dated 2.4.1997 in O.S. No. 113 of 1994 of the learned Subordinate Judge, Kuzithurai.

(3.) The brief facts of the cases are as follows: The suit in O.S. No. 113 of 1994 was filed by the plaintiff for a specific performance of a contract dated 23.9.1993. The first defendant viz., Baskaran Nadar was the owner of the suit property. As he was ill, he was admitted in the hospital and during such time he had obtained a sum of Rs. 50,000/- from the plaintiff and later he agreed to sell the property to the plaintiff for a valuable consideration of Rs. 75,000/-. He executed a sale agreement on 23.9.1993. Later, the plaintiff came to know that he had also executed certain documents in favour of the defendants 2 to 4 in respect of the same property and refused to execute a sale in pursuant to the sale agreement and therefore, the suit is filed for specific performance.