V. SURESH KUMAR Vs. A. RAMASAMY AND ORS.

JUDGEMENT

(1.) The Plaintiff in O.S. No. 14 of 2010, on the file of the II Additional District Court, Salem, is the Appellant herein.

(2.) Originally, the Appellant/Plaintiff filed the Suit for Specific Performance of Contract or in the alternative for refund of the advance money of Rs.20,00,000.00 with Interest at 18% p.a. and for Costs.

(3.) The case of the Plaintiff in gist is that, there was an Agreement of Sale entered into between himself and the First Defendant on 23/12/2007 in respect of the Suit property, bearing Plot Nos. 6 to 10, comprised in R.S. No. 43/4A part in Killiyur Village, Yercaud Taluk at the rate of Rs.275.00 per sq. ft. At the time of entering into the said agreement, the Plaintiff paid a sum of Rs.5,00,000.00 to the First Defendant as advance. Thereafter, on 20/2/2009, the Plaintiff further paid a sum of Rs.5,00,000..00 As per the Agreement, the First Defendant has to execute the Sale-Deed in respect of the aforesaid property within 90 days from the date of entering into the Sale Agreement. However, the First Defendant has been postponing the execution on the grounds that he has to level the ground, provide culvert and drainage and has to plant trees. Finally, when the Plaintiff demanded the First Defendant to execute the Sale-Deed, the First Defendant demanded more money. Therefore, the Plaintiff issued a Legal Notice, Ex.A.2, dtd. 30/11/2009, requesting the First Defendant to fix a date for the execution of the Sale-Deed. The First Defendant caused a reply, dtd. 14/12/2009, Ex.A.4 raising false allegations. Hence, the Plaintiff instituted the present Suit. 3.1. During the pendency of the Suit, the Plaintiff also filed an Application for impleading the Second Defendant as well as to incorporate Para No. 4(a) in the Plaint. According to the Plaintiff, the First Defendant entered into a Sale-Deed for Plot Nos. 6 to 10 on 11/9/2009 with the Second Defendant. This sale is subsequent to the Sale-Deed, dtd. 23/12/2007. Since the Sale-Deed executed by the First Defendant in favour of the Second Defendant is illegal, the Second Defendant is bound to execute the Sale-Deed in favour of the Plaintiff. Hence, the Plaintiff filed Application for impleading the Second Defendant.