KOCHUKUNJAN PILLAI Vs. SATHIADHAS

JUDGEMENT

(1.) Heard both sides

(2.) The defendant in O.S. No. 12 of 2006, on the file of the District Court, Nagercoil, is the revision petitioner herein.

(3.) The respondent/plaintiff filed the suit for recovery of Rs. 6,30,200/- from the revision petitioner, on the basis of the agreement of sale entered into between the parties. It is the specific case of the respondent/plaintiff that the respondent and the revision petitioner entered into an agreement of sale for a total consideration of Rs. 36,36,875/- at the rate of Rs. 57/- per Cent on 06.10.20005 and the revision petitioner received a sum of Rs. 6,00,000/- from the respondent and agreed to execute a sale deed in favour of the respondent/plaintiff. In the agreement of sale, the revision petitioner undertook to pay all the debts and all encumbrance in respect of the suit property and agreed to convey the absolute title and possession to the respondent/plaintiff on or before 15.01.2006 free from all encumbrances. But the revision petitioner/defendant did not clear the encumbrance and was also not ready to execute the sale deed free from all encumbrances to the respondent/plaintiff. The respondent/plaintiff was ready and willing to perform his part of contract provided the revision petitioner conveyed free and absolute right over the possession to the plaintiff and as the revision petitioner/defendant was delaying the matter and was not able to perform his part of contract, the plaintiff issued notice, dated 09.01.2006 to the defendant and the revision petitioner/defendant sent a reply notice, dated 20.01.2006 and re-joinder was also sent by the revision petitioner/defendant on 31.01.2006. As the revision petitioner/defendant was not having free and impeachable right over the possession of the suit property and is having defective title, the plaintiff filed a suit for recovery of Rs. 6 lakhs being the advance amount paid with interest and claimed Rs. 6,30,200/-.