B.KESAVALU Vs. M.ELLAPPAN

JUDGEMENT

(1.) The appeal suit on hand is directed against the judgment and decree dated 06.07.2017 passed by the learned I Additional District Judge, Tiruvallur in O.S.No.199 of 2014.

(2.) The appellant in the appeal suit is the plaintiff in the suit and the respondent in the appeal suit is the defendants in the suit.

(3.) The facts in brief as set out in the plaint, are that the defendant, as absolute owner, offered to sell the suit schedule mentioned property to the plaintiff. After negotiations, sale consideration was fixed at Rs.11,70,000/-. Accordingly, the plaintiff and the defendant had a registered bilateral agreement of Sale Deed dated 19.11.2012 got executed. Under the said agreement of sale dated 19.11.2012, a sum of Rs.10,00,000/- was paid by the plaintiff to the defendant as advance. The balance sale consideration is Rs.1,70,000/- only. The defendant has handed over the xerox copy of Sale Deeds relating to the suit mentioned properties. Two years time was fixed for payment of the balance sale consideration of Rs.1,70,000/- and complete the contract dated 19.11.2012. The defendant was indebted to several persons and in order to discharge the debts from and out of the advance amount of Rs.10,00,000/- paid by the plaintiff, the defendant wanted two years time to execute the Sale Deed. The defendant also represented that there are certain disputes in his family, which are also needs to be solved. Though the plaintiff was ready and to pay the balance of sale consideration of Rs.1,70,000/- and take the Sale Deed, he believed the version of the defendant out of confidence reposed in him. Plaintiff is always ready and wiling to pay the balance sale consideration and approached the defendant several time personally, the defendant finally during the first week of June 2014, demanded to receive the balance sale consideration and execute the Sale Deed in his favour. Unfortunately, certain lame excuses given by the defendant and further time sought by him has created suspicion, the plaintiff has issued notice dated 16.06.2014 called upon to receive the balance sale consideration and execute the Sale Deed. A reply dated 30.06.2014 was issued by the defendant, admitting the Agreement of Sale dated 19.12.2012 and receipt of Rs.10,00,000/- alleged that the said amount was received by him as a loan for his business and instead of a Mortgage Deed, plaintiff has taken the Agreement of Sale dated 19.11.2012, which allegation is absolutely false. Further, the defendant alleged in the reply notice that he had paid interest to the plaintiff till February 2014, which is also false. In order to wriggle out of the contract dated 19.11.2012, the defendant has chosen to contend that Rs.10,00,000/- received by him from the plaintiff is only a loan and instead of a mortgage deed, the plaintiff has taken an Agreement of Sale dated 19.11.2012. The defendant has no right to speak against the recitals in the Agreement of Sale dated 19.11.2012, which is duly registered document. Since the defendant refused to perform his part of contract, the plaintiff is compelled to file this suit for specific performance. The plaintiff is also ready to deposit the balance sale consideration before the Trial Court.