N BALASUBRAMANIAM Vs. MRS D RAJESWARI

JUDGEMENT

(1.) THIS is a suit for specific performance.

(2.) THE following are the allegations in brief contained in the plaint - 2 [A] THE defendant entered into an agreement with the plaintiff agreeing to sell her land to an extent of 16 cents situated in Survey No.44/2A of Perumbakkam Village, Saidapet Taluk for a total sale consideration of Rs.25,60,000/- on 25.09.2006. Based on the said agreement, the plaintiff had paid a sum of Rs.1,00,000/- towards advance-cum-part sale consideration in respect of the suit property and on receipt of the said advance amount, the defendant had agreed to execute the sale deed either in favour of the plaintiff or his nominee within the stipulated time, i.e. 31.10.2006. 2 [B] THE sale price had been finalised by fixing a sum of Rs.1,60,000/- per cent. Though the earlier documents show 17 cents, as per the patta issued in favour of the defendant, she is entitled only to an extent of 16 cents of land. In view of the discrepancy in the extent in the document and the patta, the defendant had requested the plaintiff to postpone the execution of sale deed for some time subsequent to receipt of advance amount from the plaintiff to enable her rectify the defect in the extent as shown in the Patta. Since the stand taken by the defendant was prudent and reasonable, the plaintiff did not want to deprive her to any extent. 2 [C] THE plaintiff has sent a lawyer"s notice on 14.1.2007 to the defendant expressing his readiness and willingness to have the sale deed executed and registered in his favour by remitting the balance price of Rs.24,60,000/- within a week. THE defendant has duly acknowledged the notice on 16.01.2007 and sent a reply dated 20.01.2007 with unteanable contentions which are false. After the issuance of notice and the reply notice, the defendant had demanded a sum of Rs.3,20,000/- per cent. Having no other alternative to redress his grievance in this regard, the present suit is filed.

(3.) AS far as the plaintiff's case, Ex.A1 is the agreement for sale dated 25.09.2006 by means of which the defendant agreed to sell her property to an extent of 16 cents situated in Survey No.44/2A in Perumbakkam Village, Saidapet Taluk, Chengai Anna District @ Rs.1,60,000/- per cent totalling to Rs.25,60,000/-. Ex.P1 further proceeds that the land is free of encumbrance and the defendant agreed to register the land in favour of the plaintiff or his nominee on receiving the balance amount of Rs.24,60,000/- on or before 31.10.2006. On the date of the document, the defendant received a sum of Rs.1,00,000/- being advance towards the finalisation of the sale by means of a cheque dated 27.09.2006 from the plaintiff. It is not executed on a stamp paper but it has been written and the signature of the defendant is found over the revenue stamp to the value of Re.1/- affixed underneath the contents of the document. It is admitted that she has executed Ex.P1. It is her strenuous contention that it is not an agreement for sale but it is only a receipt evidencing receipt of token advance of Rs.1,00,000/-.