MANJU SHREE Vs. BHAGAVATHI RAJ

JUDGEMENT

(1.) Having suffered dismissal of the petitions filed in I.A.Nos.97 and 98 and 51/2020 in O.S.No.115/2016, the defendant in the suit/the applicant in all the applications have challanged the dismissal order in these two revision petitions. As the issue involved is common, this common order is passed.

(2.) Admittedly, the suit is filed for specific performance by the respondent herein who is the plaintiff in the suit. The parties are described as per the nomenclature as used in the civil suit for the purpose of better clarification.

(3.) The case of the plaintiff is that there was a sale agreement to purchase the property of the defendant and advance of Rs.5 Lakhs was paid at the time of registration of the sale agreement. The case of the defendant is that she did not receive a sum of Rs.5 Lakhs by cash and instead, the plaintiff executed a promissory note for Rs.8 Lakhs towards security of the advance amount payable.