S THIRUGNANASAMBANDAM Vs. P KALIYAPERUMAL

JUDGEMENT

(1.) The unsuccessful defendant is the appellant herein.

(2.) The first respondent/plaintiff filed the suit for specific performance of an agreement of sale, alleged to have been executed by the appellant/defendant on 19.9.1992.

(3.) The case of the first respondent/plaintiff was that the appellant/defendant entered into an agreement of sale on 19.9.1992 agreeing to sell the suit property for a sum of Rs.2,00,000/- and also received a sum of Rs.1,90,000/- from the first respondent/plaintiff and both the parties agreed that the agreement can be enforced within 10 years' time and possession was also handed over to the first respondent/plaintiff on the date of agreement. The further case of the first respondent/plaintiff was that, though he was ready to pay the balance sale consideration and complete the transaction, the appellant/defendant dragged on the issue. As the first respondent/plaintiff was put in possession of the property, he also put up a construction in the building and spent more than a lakh rupee in improving the suit property. In the year 2002, when the first respondent/plaintiff came to know that the appellant/defendant was trying to make alienation, he issued notice dated 12.1.2002, calling upon the appellant/defendant to execute the sale deed and the appellant/defendant has sent a reply dated 9.2.2002, denying the execution of the agreement of sale and also handing over of possession of the property to the first respondent/plaintiff. Therefore, the suit was filed for suit for specific performance of the agreement of sale dated 19.9.1992.