M.Gnanasekaran v. v.Rajendiran
Case brief
What is this about?
Second appeal against dismissal of specific performance suit. Court held that relief of possession is ancillary to specific performance under Specific Relief Act and set aside appellate court's dismissal against a third-party possessor.
What did the court decide?
Second appeal allowed; judgment and decree of the Trial Court confirmed; findings of First Appellate Court set aside.
What the court decided
S.A.No.954 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 04.07.2024
PRONOUNCED ON : 19.07.2024
CORAM
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
S.A.No.954 of 2012
M.Gnanasekaran ... Appellant
Vs.
1.V.Rajendiran Rep.by Power Agent, V.Rajasekar.
2.V.Rajamani ... Respondents
Prayer :- Second Appeal has been filed under Section 100 of CPC against the Judgment and Decree of the Principal District Judge, Cuddalore, dated 13.07.2012 in A.S.No.21 of 2012, reversing the Judgment and Decree of the 1st Additional Subordinate Court, Cuddalore, dated 09.02.2012, in O.S.No.117 of 2009.
Issues for consideration
2 issues framed by the court
Whether the lower appellate Court misunderstood and misapplied the law declared by the Supreme Court in AIR 2005 SC 2813?
Whether the lower appellate Court is right in holding that Issue Nos.5, 6 and 7 framed in the suit were out of the scope and purview of the suit?
Parties & counsel
- appellant
M.Gnanasekaran
- respondent
V.Rajendiran
- respondent
V.Rajamani
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court