LAWS(MAD)-2010-1-406

ANGAMUTHU Vs. R RADHAKRISHNAN

Decided On January 06, 2010
ANGAMUTHU Appellant
V/S
R. RADHAKRISHNAN Respondents

JUDGEMENT

(1.) THE Second Appeal is filed by the second defendant against the judgment and decree dated 25.11.2002 in A.S.No.66 of 2002 on the file of the Principal District Court, Villupuram, reversing the judgment and decree dated 21.12.2001 in O.S.No.206 of 1999 on the file of the Second Additional Sub-Court, Villupuram.

(2.) THE averments in the plaint are as follows: THE suit property belongs to the defendants. THE plaintiff entered a sale agreement with the defendants on 14.8.1997. THE sale price has been fixed at Rs.2,50,000/-. Rs.2 lakhs has been paid as advance on the date of execution of sale agreement. Balance Rs.50,000/- is to be paid within two years from the date of agreement of sale and to obtain the sale deed from the defendants. THE plaintiff is always ready and willing to perform his part of the contract. But the defendants are postponing the same, even though time is not the essence of the contract. THE plaintiff came to know that the defendants are making attempt to alienate the suit property and hence, he issued notice through his counsel on 3.8.1999. He received reply notice with a false and untenable allegations. Hence, he is constrained to file the suit for specific performance, or in the alternative, to pay Rs.2,49,399.96/- as damages, i.e. advance amount and interest @ 12% from the date of sale agreement till the date of filing the suit. He prayed for a decree.

(3.) AT the time of admission of the Second Appeal, the following substantial questions of law were framed for consideration: