S. LATHA Vs. AL.L. SARAVANAN

JUDGEMENT

(1.) The appeal suit is filed against the judgment and decree dtd. 29/08/2017 passed in O.S.No.546/2017 on the file of the Vth Additional District Judge, Coimbatore.

(2.) The defendant is the appellant and the respondent is the plaintiff, who instituted a suit for specific performance.

(3.) The facts in nutshell as narrated in the plaint are that the suit schedule property absolutely belongs to the defendant by virtue of sale deed dtd. 18/1/2002. The defendant approached the plaintiff and offered to sell the suit property and the plaintiff agreed to purchase the same and entered into a sale agreement on 7/10/2009 for a total sale consideration of Rs.13.00 lakh. On the date of sale agreement, the plaintiff has paid an advance amount of Rs.7,00,000.00 and further agreed to pay the balance sale consideration of Rs.6,00,000.00 within a period of one year from the date of sale agreement. The plaintiff states that he was ready and willing to pay the balance sale consideration and approached the defendant to perform her part of the contract. The defendant was evading the execution of the sale by receiving the balance sale consideration which resulted issuance of notice by the plaintiff and institution a suit for specific performance.