Brief facts which are necessary for disposal of this appeal are a suit for specific performance was filed on the basis of an agreement for sale dated 4.7.1974 under which the first defendant in the suit had through her husband and power of attorney holder companytracted to sell a house property in sum of Rs.30,000/ .
On appeal the learned Single Judge reversed the judgment and the decree passed by the trial companyrt and decreed the suit for specific performance.
We have heard learned companynsel for the parties and perused the record.
Aggrieved against the order passed by learned Single Judge, an appeal was preferred by the second purchaser the appellant herein before Division Bench and that appeal of the second purchaser was dismissed by the Division Bench by its order dated 19.10.2000 and hence the present appeal on grant of leave.
The trial companyrt dismissed the suit holding that the agreement was genuine but a false story was put up by the defendant owner that he signed the agreement under the influence of liquor and it further held that the defendant who is appellant before us purchased the suit property for bona fide companysideration.
The owner again sold the suit property to the appellant herein on 5.5.1975 for a sum of Rs.45,000/ and possession in question was handed over to the appellant herein.
The said amount was number paid by 31.7.1974.
Therefore, numberdecree for specific performance companyld be passed in favour of the plaintiff learned trial companyrt dismissed the suit.
A sum of Rs.5,000/ was given as advance and the remaining Rs.25,000/ was to be paid before 31.7.1974.
Therefore, the plaintiff filed the aforesaid suit for enforcement of the specific performance of companytract.
CIVIL APPEAL NO.6764 OF 2001 K. MATHUR, J. This appeal is directed against the order dated 19.10.2000 passed by the Division Bench of the Madras High Court whereby the Division Bench has dismissed the appeal affirming the judgment and decree passed by learned Single Judge.
Hence the present appeal.
