VIJAYAKUMARI Vs. P.SEKAR

JUDGEMENT

(1.) The Appeal Suit is directed against the Judgement and Decree dated 03.02.2014 passed in O.S.No.11781 of 2010. The defendant is the appellant in the Appeal Suit and the respondent/plaintiff instituted a suit for specific performance to enforce the suit sale agreement dated 31.08.2006.

(2.) The suit sale agreement had been entered into between the parties on 31.08.2006 for sale of the suit property for a total sale consideration of Rs.13,00,000/-. Initially, the plaintiff has paid a sum of Rs.25,000/- and agreed to pay the balance sale consideration of Rs.12,75,000/- on the date of execution of the sale deed.

(3.) It is contended that after execution of the sale agreement, there were changes that took place between the plaintiff and the defendant and the defendant made a proposal to the plaintiff that there is a tenant in the first floor and the said tenant refused to vacate his portion and also stated that the plaintiff has to evict the said tenant by way of making payment of Rs.50,000/- to him. Accordingly, the plaintiff paid a sum of Rs.50,000/- on 10.09.2006 and the said tenant was evicted. The payment of Rs.50,000/- was also duly acknowledged by the defendant. On receipt of the amount, the defendant handed over the particular portion to the plaintiff immediately. In respect of other tenant, namely Ramesh, the plaintiff further paid a sum of Rs.75,000/- on 16.09.2006 for vacating his portion in the first floor. The said Ramesh vacated his portion on receipt of Rs.75,000/- from the plaintiff and the said portion was handed over to the plaintiff by the defendant.