A.VENKATASUBRAMANIAN Vs. L.KARTHIKEYAN

JUDGEMENT

(1.) Aggrieved over the decree and judgment of the trial Court, decreeing the suit for specific performance, the present Appeal Suit is filed.

(2.) The parties are referred to as per their rank before the trial Court.

(3.) The brief facts leading to file this appeal are as follows:- The defendant entered into a registered agreement on 21.12.2012 for sale of suit property for total sale consideration of Rs.21,00,000/- and received a sum of Rs.20,00,000/- on the same date and it is agreed that the balance amount has to be paid within three months. The plaintiffs have requested the defendant to receive the balance sale consideration. However, the defendant has evaded to execute the sale deed, hence, the plaintiffs constrained to issue legal notice dated 16.02.2013, demanding the defendant to execute the sale deed. The above notice was received by the defendant on 20.02.2013. The plaintiffs also sent a copy of the demand draft for a sum of Rs.1,00,000/- towards the balance sale consideration along with the said notice. However, the defendant failed to execute the sale deed, hence, the suit is filed.