Ramasamy v. K.Janaki
Case brief
What is this about?
The High Court, in a second appeal arising from a suit for specific performance of a sale agreement, held that the lower appellate court failed to apply its mind and analyze evidence properly when reversing the trial court's decree. The judgment was remanded for a reasoned order.
What did the court decide?
The judgment and decree dated 11.12.2009 in A.S.No.31 of 2008 are set aside and the matter is remitted to the Lower Appellate Court.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 09 / 07 / 2018
DELIVERED ON : 04 / 03 / 2020
CORAM:
THE HON'BLE MR.JUSTICE M.GOVINDARAJ
SECOND APPEAL NO.820 OF 2010 AND M.P.NO.1 OF 2010
1.Ramasamy
2.Alagammal
3.R.Ramalingam ... Appellants/Plaintiffs
Vs.
K.Janaki ... Respondent/Defendant
PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree dated 11.12.2009 of the Subordinate Court, Harur, in A.S.No.31 of 2008 by reversing the judgment and decree dated 12.10.2007 passed in O.S.No.182 of 2004 on the file of the District Munsif Court, Harur.
For Appellants : M/s.Sai Bharath For Respondent : M/s.N.Premkumar J U D G M E N T
The appellants are the plaintiffs before the Trial Court. Aggrieved over the reversal of the decree granted by the Trial Court, by the Lower Appellate Court, this Second Appeal has been preferred.
- The plaintiffs filed a suit for specific performance against the respondent. According to the plaintiffs, the suit property originally belonged to their father. The plaintiffs were in need of money for their family expenses and therefore, they borrowed a sum of Rs.83,700/- from the defendant and executed a sale deed in favour of the defendant for security purposes. However, possession of the suit property continued with them. On the date of execution of sale deed viz., 06.11.2000, the defendant had also executed a sale agreement for re-conveyance in favour of the plaintiffs for Rs.83,700/-. The
Issues for consideration
3 issues framed by the court
Whether the lower appellate court erred in reversing the trial court's decision without due application of mind and proper analysis of evidence.
Whether the lower appellate court properly discharged its duty under Section 100 of CPC while reversing a finding of the trial court.
Whether the second appeal should be allowed to remit the matter for a reasoned order.
Parties & counsel
- appellant
Ramasamy and others
- respondent
K. Janaki
Coram
M. Govindaraj
Case details
As recorded by the court registry
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