C. MADANRAJ Vs. N. KAMALAMMAL AND ORS.

JUDGEMENT

(1.) The unsuccessful plaintiff is the appellant in the suit filed for specific performance. On 05.01.2007, an agreement for sale has been entered into between respondents 1 to 8/defendants 1 to 8 being the owners of the suit property and the 9th respondent/9th defendant being the agreement holder. This unregistered agreement for sale fixes the sale consideration at Rs.59,05,500/-. It also says the receipt of Rs.5,00,000/- as an advance. The endorsement made in Ex.A1 sale agreement shows that the amount has been paid, further amount of Rs.5,00,000/- has been paid thereafter on 17.02.2007, which has been marked as Ex.A2.

(2.) Thereafter, the appellant/plaintiff, being the agreement holder, entered into another sale deed under Ex.A3 with the 9th respondent/9th defendant. The covenants in Ex.A1 are to the effect that within the time stipulated, respondents 1 to 8/ defendants 1 to 8 will have to execute the sale deed in favour of either the 9th respondent/9th defendant or the person nominated by him at his cost. It further goes on to state that in the event of the sale being carried out as agreed upon, the 9th respondent/9th defendant will lose all the advance amount paid apart from the agreement getting cancelled.

(3.) Thereafter, the appellant/plaintiff entered into an agreement with the 9th respondent/9th defendant on 05.02.2007. This document which has been marked as Ex.A3, fixes the sale consideration at Rs.66,67,500/- for the suit property. This agreement has been entered into on the premise that the 9th respondent/9th defendant has got legal right to sell the suit property.