RAJESWARI Vs. T.KANNAN

JUDGEMENT

(1.) The appeal suit is filed against the judgment and decree passed in O.S.No.48 of 2013 dated 08.02.2018.

(2.) The defendant is the appellant in the appeal suit and the respondent plaintiff instituted a suit for Specific Performance based on the suit sale agreement dated 14.11.2012.

(3.) The facts in nutshell as narrated in the plaint are that the defendant is the absolute owner of the suit property and the said property was acquired by her vide a Deed of Settlement dated 27.04.2006 registered in Document No.1921 of 2006 on the file of SRO, Thondamuthur. The total sale consideration agreed between the parties was Rs.12,00,000- (Rupees Twelve Lakh only), out of which, an advance amount of Rs.9,00,000- (Rupees Nine Lakh only) was paid on the date of agreement. The time stipulated for the performance of the agreement was one month. The plaintiff stated that he was ready and willing to perform his part of the contract by paying the balance sale consideration of Rs.3,00,000- (Rupees Three Lakh only) and he approached the defendant repeatedly for execution of the sale deed on receipt of the balance sale consideration and she was evading her part of the performance. In view of the attitude of the defendant, in performing her part of the contract, the plaintiff issued a notice and thereafter instituted the suit for Specific Performance.