GOPALAKRISHNAN Vs. K.LOGANATHAN

JUDGEMENT

(1.) The Appeal Suit is directed against the Judgement and Decree dated 18.02.2014 passed in O.S.No.661 of 2011. The plaintiff is the appellant in the appeal suit, who instituted a suit for specific performance, stating that the defendant is the absolute owner of the suit mentioned property and he acquired right through the sale deed dated 31.01.2007.

(2.) The plaintiff and the defendant had entered into a sale agreement regarding the sale of the suit mentioned property for a total sale consideration of Rs.20,00,000/-. It is contended by the plaintiff that he had paid an advance amount of Rs.1,00,000/- on the date of agreement and further agreed to settle the balance sale consideration, within a period of 30 days. Thereafter, the defendant has to execute a sale deed in favour of the plaintiff.

(3.) The plaintiff states that he is always ready and willing to perform his part of the contract, as per the terms and conditions of the suit sale agreement dated 09.06.2010. The plaintiff approached the defendant on many occasions and the defendant evaded to perform his part of the contract and therefore, the plaintiff was constrained to file a suit for specific performance by issuing a notice.