MRS. A. KANTHAMANI Vs. MRS. NASREEN AHMED

JUDGEMENT

(1.) This appeal is filed by the defendant against the judgment and final order dated 27.10.2006 passed by the High Court of Judicature at Madras in A.S. No. 127 of 2000 by which the High Court dismissed the appeal filed by the appellant herein with costs confirming the decree and judgment dated 30.10.1998 passed in O.S. No. 6420 of 1996 by the VIII Additional Judge, City Civil Court, Chennai, which decreed the respondent's suit for specific performance of the agreement against the appellant.

(2.) We herein set out the facts, in brief, to appreciate the issue involved in this appeal.

(3.) The appellant-defendant is the owner of the property situated at No.191, Lloyds Road, Chennai-86. She entered into an agreement for sale with the respondent-plaintiff on 05.01989 in respect of a part of ground floor of the said property described in Schedule `B' to the plaint together with ⅓rd undivided share in the property described in Schedule `A' for a total sale consideration of Rs. 3,43,200/-. On the same day, a sum of Rs. 1,30,000/- was paid by the respondent as advance money to the appellant. Thereafter, the respondent paid Rs. 20,000/- towards sale consideration to the appellant on 004.1989, Rs. 10,000/- on 04.05.1989, Rs. 15,000 on 007.1989, Rs. 15,000/- on 06.07.1989 and Rs. 16,000/- on 16.08.1989. So far as the balance amount was concerned, the respondent agreed to pay the same on or before 31.12.1989 to the appellant. It was alleged that the appellant also orally agreed to sell to the respondent an additional area of 132.25 sq.ft. at the ground floor and 4 of undivided share and for that additional property, the respondent paid a sum of Rs. 46,000/- as an advance money.