ARUMUGAM Vs. GOTHAMCHAND JAIN

JUDGEMENT

(1.) The unsuccessful Defendant in O.S. No. 295 of 1991 on the file of the First Additional Subordinate Judge, Pondicherry, is the Appellant.

(2.) The Respondent/ Plaintiff filed the suit for specific performance of agreement of sale dated 11.10.1984 executed by the father of the Appellant in his favor. The case of the Respondent/ Plaintiff was that the property belonged to the father of the Appellant namely Marimuthu Gramani and he entered into an agreement of sale with the Respondent/ Plaintiff on 11.10.1984 agreeing to sell the property for consideration of Rs. 41,500/- and received an advance of Rs. 1001/- and as per the terms of the agreement the Appellant's father has to get necessary permission from the Urban Land Ceiling Authority and thereafter within a period of three months the sale deed has to be executed on receipt of the balance sale consideration. The father of the Appellant died on 4.9.1987 and thereafter the Respondent/ Plaintiff approached the Appellant to execute the sale deed after receiving the balance sale consideration and the Appellant was evading and notice was issued on 21.9.1991 calling upon the Appellant to get necessary permission from the authorities and execute the sale deed and the Appellant sent a reply dated 9.10.1991 denying the execution of the agreement itself and therefore the suit was filed in November 1991 for specific performance of the agreement of sale dated 11.10.1984.

(3.) The Appellant/ Defendant denied the execution of the agreement of sale executed by his father and also his signature in the agreement of sale as attesting witness and contended that it was a fabricated one and the suit was barred by limitation.