Amutha v. Amsu
Case brief
What is this about?
Madras High Court second appeal (Section 100, Code of Civil Procedure) arising from a specific performance suit on an unregistered sale agreement (Ex.A.1); trial court decree reversed in first appeal (agreement not executed with intention to sell; plaintiff failed to prove performance; original documents probabilized defence); appeal disposed of on settlement - defendant to refund Rs.53,000/- with 9% interest from date of agreement till realization, plaintiff to hand back original documents, three months' time, case to be reopened on default; no costs. Keywords: specific performance; unregistered agreement; Ex.A.1; second appeal; consent/settlement directions; refund with interest; reopening clause; Ariyalur; Subordinate Judge; Principal District Munsif; T.V. Thamilselvi; 10-02-2026.
What did the court decide?
Respondent/defendant directed to pay the sum of Rs.53,000/- (received from the plaintiff) with interest at 9% from the date of the agreement till the date of realization; plaintiff directed to hand over the original documents to the defendant; three months' time granted for payment; on any default by the defendant the case will be reopened. Second Appeal disposed of; no costs.