PON GUNASEKARAN Vs. M.DANARAJAN @ DANIEL

JUDGEMENT

(1.) The appeal suit is directed against the judgment and decree dated 29.08.2017 made in O.S.No.44 of 2013.

(2.) The plaintiff is the appellant before this Court and the suit for Specific Performance was filed, based on the suit sale agreement dated 12.02.2010.

(3.) The facts in nutshell as narrated in the plaint are that the plaintiff and the defendant entered into the agreement for sale on 23.02.2007 regarding sale of a property for a consideration of Rs.20,00,000/-(Rupees Twenty Lakhs only). The plaintiff states that he paid an advance amount of Rs.12,00,000/-(Rupees Twelve Lakhs only) on various dates through cheques and by cash. On 23.02.2007, the defendant received a sum of Rs.2,00,000/- as cash and a sum of Rs.3,00,000/- by way of Cheque. On 21.05.2007, the defendant received a sum of Rs.1,50,000/-. On 27.06.2007, a sum of Rs.1,00,000/- and on 06.07.2007, a sum of Rs.50,000/- and on 12.07.2007, a sum of Rs.2,50,000/-. The defendant made endorsements, acknowledging all these advance amounts on various dates in the agreement dated 23.02.2007 itself. Subsequently, the defendant received another sum of Rs.1,50,000/- and altogether a total advance amount of Rs.12,00,000/- was paid by the plaintiff to the defendant.