C. KUMAR Vs. P. RAJASEKARAN

JUDGEMENT

(1.) Leave granted

(2.) This case has a chequered history. A Decree for Specific Performance was passed by the Principal Sub-Judge, Madurai, Tamil Nadu, on 29/11/2010. The Suit was based upon the Agreement to Sell, dtd. 20/4/2006, which mentioned the total Sale consideration of Rs.2,82,646.00 (Rupees two lakhs eighty-two thousand six hundred forty-six only). A sum of Rs.2,36,500.00 (Rupees two lakhs thirty-six thousand five hundred only) was paid by the Appellant, C. Kumar to the Respondents. In other words, 85% of the payment has been made.

(3.) The Respondents, P. Rajasekaran and his wife, R. Thilagavathi, challenged the Decree, dtd. 29/11/2010 by way of an Appeal before the I Additional District Court, Madurai, Tamil Nadu. Notice was issued therein but the Appeal was dismissed, vide Judgment, dtd. 23/8/2011. The Decree for Specific Performance attained finality. The Decree directed the Appellant, C. Kumar, to pay the balance Sale consideration of Rs.46,146.00(Rupees forty-six thousand one hundred forty six only) within a period of two months.