RAMACHANDRAN Vs. K.RAJU

JUDGEMENT

(1.) The plaintiff is the appellant. The suit was one for specific performance of an agreement for sale, with an alternate prayer for return of advance sale consideration. The trial court declined the relief for specific performance; the claim for return of advance sale consideration was decreed in part.

(2.) Ext.A1 is the agreement dtd. 24/11/2011 which is sought to be specifically enforced. Ext.A1 was executed between the plaintiff and defendants 1 and 2. The second defendant is the wife of the first defendant. Under Ext.A1, defendants 1 and 2 agreed to convey 62.75 cents of property in favour of the plaintiff. The sale consideration fixed was 1,47,500/- per cent. Under Ext.A1, an amount of 10 lakhs was paid towards advance sale consideration. The period fixed for performance was up to 10/4/2012.

(3.) On 31/12/2011 and 16/4/2012 further amounts of 15 lakhs 9,75,000/- was paid towards advance sale consideration. Such payments were also endorsed on the reverse of Ext.A1. Thus, the plaintiff had paid a total amount of 34,75,000/-.