A KUPPUSAMY Vs. S SHANKAR VADIVEL

JUDGEMENT

(1.) THIS Appeal arises out of the Judgment and decree dated 14.10.2006 in O.S.No.25 of 2004 on the file of District Court, Tiruvannamalai decreeing Plaintiff's suit for Specific Performance and directing the Defendant to execute the sale deed in respect of the suit properties and also directing him to deliver vacant possession of 13 tiled shops. Unsuccessful Defendant is the Appellant. For convenience, the parties are referred as per their original rank in the suit.

(2.) CASE of Plaintiff is that suit property relates to T.S.No.1600/1 measuring an extent of 5131 sq. ft. T.S.No.1600/2 measuring an extent of 326 sq. ft. and T.S.No.1600 measuring an extent of 139 sq.ft. situated at 1st Ward, 23rd block at Car street, Tiruvannamalai town. The suit properties originally belonged to Plaintiff's father Subramania Mudaliar. Plaintiff's father Subramania Mudaliar borrowed a sum of Rs.18,600/- from the Defendant's father Annamalai Mudaliar under promissory notes. Defendant's father Annamalai Mudaliar filed suit in O.S.No.54/1975 for recovery of money as against the father of Plaintiff and the same was decreed on 08.09.1975. Defendant's father filed Execution Proceedings in E.P.No.35/1976 to attach the suit property and brought the same to Court auction to realise the decree amount. After a long drawn battle of litigations and number of proceedings, Defendant purchased the suit property in the Court auction sale on 08.2.1978 for a sum of Rs.25,005/-. According to the Plaintiff, Defendant took only symbolic delivery of the suit property through the process of the Court in R.E.A.No.14/1985 on the file of Sub-Court, Tiruvannamalai.

(3.) FURTHER case of Plaintiff is that he has paid another sum of Rs.10,00,000/- on 01.09.2002 as further advance to the Defendant and Defendant made an endorsement on the reverse of Ex.A8-agreement of sale. In the said endorsement, Defendant extended the time from 12.09.2002 till 11.04.2003 for performing the contract. Case of Plaintiff is that he is always ready and willing to perform his part of contract, but the Defendant refused to receive the balance sale consideration of Rs.10,00,000/- and to execute the sale deed in respect of the suit property in favour of Plaintiff. Plaintiff issued legal notice [Ex.A11] calling upon the Defendant to receive balance sale sale consideration of Rs.10,00,000/- from the Plaintiff and execute the sale deed in favour of Plaintiff in respect of the suit property. Defendant sent Ex.A13 reply [31.3.2003] seeking ten days time for issuing a detailed reply notice. Defendant sent Ex.A14-detailed reply [09.04.2003]. Thereafter, Plaintiff had filed the suit for Specific Performance.