AYAZ PASHA Vs. S.N. SHANKAR

JUDGEMENT

(1.) This matter is listed for admission and I have heard the learned counsel for the appellant.

(2.) The factual matrix of the case of the plaintiff before the Trial Court is that the defendant is the owner of the property and he entered into an agreement of sale on 28/11/2014 for Rs.1,00,000.00 and received earnest amount of Rs.75,000.00 and the balance consideration was agreed to be paid at the time of execution of the sale deed. The plaintiff demanded and requested the defendant to execute the sale deed by receiving the balance amount. But the defendant went on postponing the same. The plaintiff was always ready and willing to perform his part of contract. But, the defendant did not come forward to execute the sale deed. Hence, he had filed the suit.

(3.) The defendant appeared and filed the written statement contending that he has not received Rs.75,000.00 as stated by the plaintiff and there was no necessity for the defendant to sell the suit property. In the year 2014, the market value of the suit property was Rs.50,000.00 per gunta.