M KANTHA Vs. P VALMURTHY

JUDGEMENT

(1.) THIS Appeal Suit (First Appeal) arises out of the judgment and decree dated 21.08.2007 passed in O.S.No.7 of 2007 on the file of the Principal District Court , Tiruvallur.

(2.) THE averments made in the plaint are as follows: (i) THE defendant is the absolute owner of the suit property. THE defendant entered into a sale agreement with the plaintiff dated 07.11.2003 for a sum of Rs.14,85,000/- and received a sum of Rs.3,00,000/- as an advance on the same day. As per the agreement, the plaintiff has to pay the balance sale consideration within three months from the date of the agreement. THE sale deed can be executed either in the name of the plaintiff or in the name of his nominee. THE plaintiff is always ready and willing to perform his part of contract. (ii) THE plaintiff has met the defendant several times and informed that he is having the balance sale consideration. THE plaintiff is a man of means in Mannurpet Village. On 05.02.2004, the plaintiff issued a notice to the defendant, informed that he is ready to pay the balance sale consideration and called upon the defendant to execute the sale deed. After the receipt of notice, the defendant is trying to alienate the suit property to the third party. Hence the plaintiff is constrained to file the suit for specific performance and also for injunction from alienating or encumbering the suit property.

(3.) AFTER hearing the arguments of both sides counsel, the following points for consideration are framed: 1. Whether the trial Court is correct in held that Ex.A1-sale agreement is true and genuine and enforceable" 2. Whether the judgment and decree passed by the trial Court are sustainable" 3. To what relief, the appellant/defendant is entitled to"