K.V. SUDHEER BABU Vs. N. BALAKRISHNAN

JUDGEMENT

(1.) The plaintiff in a suit for specific performance is in appeal being dissatisfied with the grant of the alternate relief for return of advance sale consideration in lieu of specific performance.

(2.) The basic facts are not in dispute. Ext.A1 agreement for sale was executed between the plaintiff and the defendant on 06.05.2005. As per the agreement, 20 cents of property was to be conveyed by the defendant to the plaintiff at the rate of 225,000/- per cent. on the date of Ext.A1 agreement an amount of Zi lakh was paid towards advance sale consideration. The sale deed was to be executed within 2 months from the discharge of charge that was subsisting over the property. It was provided in the agreement that a further amount of 150,000/- is to be paid on 05.06.2005 in order to enable the defendant to discharge the said charge. The property in question belong to the defendant as per the final decree in 0.5.318/92. Under the said decree, he was liable to pay owelty amount, which was a charge on the property. It is in order to clear the said liability that payment of the further amount of 250,000/- was stipulated in Ext.A1 agreement. It is not in dispute that on 23.07.2005, the plaintiff paid an amount of 150,000/- and on 21.06.2006 a further amount of Rs. 10,000/-. Thus the total advance sale consideration of an amount of Rs. 1,60,000/- was paid. Though amounts were advanced by the plaintiff, the defendant paid off the liability over the property only on 16.10.2009 as is evidenced by the endorsement on Ext.A8 execution petition. In spite of having cleared the liability and obtained delivery of the property, sale deed was not executed in compliance with Ext.A1 agreement. Thereupon, the suit is filed.

(3.) The court below denied the relief for specific performance by exercising discretion vested in the court under section 20 of the Specific Relief Act.