A G ASHA Vs. S.DEVADASAN

JUDGEMENT

(1.) The suit for specific performance with alternate relief for refund of advance sale consideration, was decreed for the alternate relief. Seeking the main relief for specific performance, the plaintiff is in appeal.

(2.) Ext.A1 agreement dtd. 27/12/2006 executed between the plaintiff and the defendant is sought to be specifically enforced. Under Ext.A1, the defendant agreed to convey 3.64 ares of property with a residential building thereon to the plaintiff for a total sale consideration of Rs.9.00 lakhs. On the date of agreement, an amount of Rs.1,50,000.00 was paid towards advance sale consideration. The period fixed for performance was eight months. Alleging that in spite of repeated demands the defendant has failed to perform, the suit was filed.

(3.) The defendant challenged the readiness and willingness of the plaintiff.