MUTHUVENKATASALAM Vs. BHASKARANE

JUDGEMENT

(1.) The unsuccessful defendant is the appellant.

(2.) The respondent/plaintiff filed the suit for specific performance of agreement of sale. The case of the respondent/plaintiff was that the appellant entered into an agreement of sale with the respondent agreeing to sell the property for a sum of Rs.6,00,000/= and received and advance of Rs.1,00,000/= and the agreement was executed on 26.4.2003 and one year time was fixed for completing the sale transaction. Though the appellant agreed to provide the documents of title to the respondent, he failed to hand over the same despite request made by the respondent and therefore, the respondent applied for certified copies of the documents of title on 6.4.2004, 7.4.2004 and also obtained Encumbrance Certificate on 17.4.2004. The respondent was not able to get the copy of the family arrangement deed dated 27.8.1979 as it was an unregistered document. Therefore, the respondent called upon the appellant to produce the family arrangement deed and asked him to register the sale deed on 27.4.2004 and the respondent was also ready at the Registrar's Office and the appellant did not appear and therefore, a notice dated 27.4.2004 was issued calling upon the appellant to execute the sale deed and as the appellant did not come forward, the suit was filed on 9.8.2004 for specific performance.

(3.) The appellant contested the suit stating that the respondent had no means to pay the sale consideration and the respondent is a coolie and he is running only a tailoring shop and at the request of the respondent, he subscribed to a chit conducted by the respondent and in connection with the chit, his signature was obtained in various unfilled stamp papers and also in blank papers and those were fabricated as if the appellant had executed the agreement of sale and the appellant denied the execution of the agreement of sale.