T KRISHNAN Vs. V BALAJI

JUDGEMENT

(1.) THE defendant in the Original Suit on the file of the trial court is the appellant herein and the plaintiff therein is the respondent herein. THE respondent/plaintiff had filed the suit in O.S.No.268/1999 on the file of the trial court, namely the court of the Principal Sub Judge, Villupuram for specific performance of contract based on the suit agreement dated 10.11.1998. THE plaintiff averred in the plaint that the appellant/defendant entered into an agreement with him for the sale of the suit property, namely a terraced house bearing door No.7, Thiruvalluvar Street, U.Keeranur village Gramanatham survey No.92/1B2 C2 of Ulundurpettai Sub-Registry, belonging to the appellant/defendant to the respondent/plaintiff for a total sale consideration of Rs.4,50,000/- and that the said agreement was signed by the parties on 10.11.1998. THE respondent/plaintiff also pleaded payment of a sum of Rs.1,00,000/- in cash on the date of sale agreement and a further sum of Rs.1,50,000/- on 07.01.1998, besides undertaking to discharge a bank loan of Rs.70,000/- owed by the appellant/defendant towards the Ind Bank, Tindivanam and thus pleaded for the payment of a total sum of Rs.3,20,000/- as part payment of the sale consideration.

(2.) MAKING usual allegations of default by refusal to execute the sale deed in accordance with the suit agreement despite the fact that the readiness and willingness of the respondent/plaintiff was made known to the appellant/defendant, the respondent/plaintiff had prayed for the relief of specific performance directing the appellant/defendant to execute a sale deed in respect of the suit property after receiving the balance consideration and get it registered at the cost of the respondent/plaintiff and in default on the part of the appellant/defendant directing execution of such sale deed by the court itself on behalf of the appellant/defendant. As an alternate relief, the plaintiff had also prayed for a decree directing the appellant/defendant to pay a sum of Rs.2,98,683.30P as damages together with future interest on the said amount @ 12% per annum, in case he would be non-suited for the relief of specific performance prayed as the principal relief.

(3.) BASED on the pleadings of the parties, the trial court framed the following issues:- 1. Whether the suit agreement is genuine? 2. Whether the suit agreement has not been executed by the plaintiff? 3. Whether the plaintiff is entitled to the relief of specific performance? 4.Whether the plaintiff is entitled to the alternative relief of advance amount paid? 5.To what relief the plaintiff is entitled?