P THULASIMANI Vs. K G CHANDRAN

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree, dated 26.6.2008, made in A.S. No. 76 of 2007, on the file of the First Additional District Court, Erode, confirming the judgment and decree of the First Additional Subordinate Court, Erode, dated 25/1/2005, made in O.S. No. 68 of 2003.

(2.) THE defendant in the suit, in O.S. No. 68 of 2003, is the appellant in the present second appeal. THE respondent had filed the suit praying for a decree directing the defendant to execute a sale deed, in respect of the suit schedule property, in favour of the plaintiff or his nominees, on receipt of the balance sale consideration, within the time fixed by the Court and to put the plaintiff in the possession of the property.

(3.) IT had also been stated that the defendant had offered to sell the suit property to the plaintiff for a sum of Rs. 2,50,000.00 and he had insisted that an amount of Rs. 2,40,000.00 be paid as advance. The plaintiff, having accepted the offer made by the defendant agreed to purchase the property for a sum of Rs.2,50,00.00 and on 21/6/2002, the plaintiff and the defendant had entered into a written agreement for sale.