T.L.SWAMY Vs. M.SHANMUGUM

JUDGEMENT

(1.) This appeal is filed challenging the judgment and decree dtd. 9/2/2018, passed in O.S.No.33/2011, on the file of the Senior Civil Judge, Maddur, granting the relief of specific performance and also questioned the judgment and decree dated 24.09.20128 passed in R.A.No.15/2018 on the file of the V Additional District & Sessions Judge, Mandya, confirming the judgment and decree of the Trial Court.

(2.) The parties are referred to as per their original rankings before the Trial Court to avoid the confusion and for the convenience of this Court.

(3.) The factual matrix of the case of the plaintiff before the Trial Court is that the defendants have agreed to sell the suit schedule property for a sale consideration of Rs.5,18,000.00 and received an amount of Rs.1,00,000.00 out of sale consideration through a Bank Draft. The defendants have agreed to execute the regular Sale Deed within nine months from the date of sale agreement and it was noticed that in the akarband the extent was mentioned as 0.19 guntas instead of 18 1/2 guntas and the resurvey also was in progress. In the meantime, defendant Nos.1 to 3 have approached the plaintiff on 14/9/2007 and requested him to pay Rs.1,00,000.00 out of the remaining sale consideration and the same was paid. In total, paid an amount of Rs.2.00 Lakhs. Again on 5/2/2010, defendant No.1 came to the plaintiff and requested him to pay Rs.50,000.00 and accordingly made the payment of Rs.50,000.00. In total, they made the payment of Rs.2,50,000.00 out of sale consideration of Rs.5,18,000.00. The mistake was rectified in the month of June 2010. After that, the plaintiff had demanded the defendants to execute the sale deed in terms of the agreement of sale. But the defendants did not come forward to execute the sale deed. Hence, the plaintiff issued a legal notice dtd. 5/8/2010, in turn, the defendants issued an untenable reply. It is also contended that while issuing the notice, the payment of Rs.50,000.00 made was not mentioned. Hence, another notice was issued on 17/8/2010, the same was also served on him and replied to the said notice and denies the execution of documents - Exs.P2 and P3.