- (1.)This second appeal has been preferred under Section 100 of the Code of Civil Procedure against the decree of the lower appellate court dated 10.08.2006 made in A.S.No.93 of 2004 on the file of the lower appellate court confirming the decree of the trial court dated 31.03.2004 made in O.S.No.393 of 1989 on the file of the trial court.
(2.)The defendant in the original suit, who suffered a decree for specific performance in the hands of the trial court and suffered a decree confirming the decree of the trial court in the hands of the lower appellate court, is the appellant in the present second appeal. The sole plaintiff, who emerged successful in both the courts below, is the respondent herein.
(3.)The respondent herein/plaintiff filed O.S.No.393/1989 on the file of Sub Court, Poonamallee (trial court) for the relief of specific performance directing the appellant herein/defendant to execute a sale deed in respect of the suit house site after receiving the balance sale consideration of Rs.20,000/- from the respondent and for the relief of a declaration that the respondent herein is the owner of the building constructed in the suit site bearing plot No.1237 Arignar Anna Nagar Western Extension, Mogappair, Chennai. The said suit came to be filed for the above said reliefs based on the suit agreement for sale dated 09.05.1987.