Panchalai v. Mariammal
Case brief
What is this about?
Second Appeal in specific performance suit. Court upheld lower courts' finding that the sale agreement was invalid and executed merely as security for employment, dismissing the appeal.
What did the court decide?
Second Appeal dismissed; connected miscellaneous petition closed.
What the court decided
S.A. No.627 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.09.2024
CORAM
THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI
S.A.No.627 of 2024
and CMP.No.19906 of 2024
Panjalai
... Appellant
Vs
1.Mariammal
2.Magendran 3.Magesh 4.Parimala
... Respondents
PRAYER : Second Appeal filed Under Section 100 of the Civil Procedure Code, against the Judgment and decree dated 04.11.2023 made in A.S.No.29 of 2019 passed by the learned III Additional District Judge, Kallakurichi, Villupuram District, confirming the decree and judgment dated 01.11.2019 in O.S.No.267 of 2014 passed by the learned Subordinate Judge, Kallakurichi.
Issues for consideration
2 issues framed by the court
Whether the legislature intended that the High Court should be appointed in every case to enforce a specific performance of a contract.
Whether the agreement was a genuine sale deed or executed merely as security for a jobangebot.
Parties & counsel
- appellant
Panjalai
- respondent
Mariammal
- respondent
Magendran
- respondent
Magesh
- respondent
Parimala
Case details
As recorded by the court registry
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