RAJENDRAKUMAR AND ORS Vs. LAKSHMI AND ORS

JUDGEMENT

(1.) Faced with concurrent decrees of specific performance on an agreement for sale set up by the plaintiff, the defendants have come up in appeal.

(2.) The first defendant in the suit entered into an agreement for sale namely Ext.A1 dated 1.06.2005, whereby, he agrees to sell 10 cents of land for 1,75,000/- at a rate of 17,500/- per cent and received 10,000/- as advance. The transaction was to be completed on or before 30.09.2005. According to the plaintiff, he was always ready and willing to perform his part of the contract and it was the first defendant who did not comply with the terms of the contract. He therefore laid a suit for specific performance.

(3.) The first defendant contended that he had never entered into an agreement for sale of the properties with the plaintiff and he had only issued a signed blank paper to the plaintiff as security for the amount borrowed by him which he initially stated as 7,000/-. He therefore denies the contract itself. According to him, there was no agreement to sell his property at all.