R THIRUVENKATAM Vs. K SAYEEKUMARI

JUDGEMENT

(1.) THE unsuccessful plaintiff is the appellant herein. THE suit was filed for specific performance of an agreement of sale dated 14.12.1972.

(2.) THE case of the plaintiff was that he and the respondent/ defendant entered into an agreement dated 14.12.1972, for the purchase of the property in plot No.143, for a sum of RS.2,500/- and on the date of agreement itself, a sum of Rs.1,000/- was paid and on 23.01.1973, another sum of Rs.1,000/- was paid and subsequently, on 09.05.1973, the balance sum of Rs.500/- was paid and that was also acknowledged by the respondent/defendant on the reverse of Ex.B5. THEreafter, the respondent/defendant did not execute the sale deed, despite repeated request of the appellant, and in the year 1987, the appellant/plaintiff issued a notice and as there was no response, the suit was filed for specific performance of the agreement of sale.

(3.) AT the admitting the Second Appeal the following substantial question of law was framed by this Court :-