K.RAJALAKSHMI Vs. S.GANESAN

JUDGEMENT

(1.) Aggrieved over the judgment and decree of the trial Court, decreeing the suit filed for specific performance, the present appeal came to be filed.

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

(3.) The brief fact leading to file this appeal, reads as follows:- The defendant has entered into an agreement of sale of suit property dated 27.12.2010 for total sale consideration of Rs.20,00,000/- and time fixed for completion is three months. On the date of agreement, a sum of Rs.1,00,000/- as advance was paid to the defendant. The plaintiff is always ready to perform his part of the contract and he has approached the defendant for several times and requested to receive the balance sale of consideration. However, the defendant has stated that the property was mortgaged to third party and after redeeming the mortgage, the property will be sold, hence, requested further sum of Rs.2,00,000/- as advance. Accordingly, the plaintiff has paid a sum of Rs.2,00,000/- to the defendant on 19.03.2011. Despite the plaintiff has requested on several occasions, the defendant has evaded to receive the balance sale consideration and postponed the sale. Further, on 21.05.2011, the plaintiff had paid a sum of Rs.50,000/- to the defendant. However, the defendant has refused to receive the same and sign in the endorsement made in the back of the sale agreement. The plaintiff has issued legal notice on 07.07.2011, which was replied by the defendant on 12.07.2011 with false allegations. Again the defendant has issued notice on 03.08.2011 with cheque for a sum of Rs. 3,00,000/-. Immediately, the plaintiff has sent reply notice on 10.08.2011 along with cheque. The plaintiff is ready and willing to perform his part of the contract. Hence, the suit has been filed.