GAJENDRAN Vs. SIVANANDI (DIED)

JUDGEMENT

(1.) Aggrieved over the finding of the first appellate Court directing the defendant to refund a sum of Rs.2,35,000/- along with interest, this second appeal is filed.

(2.) For the sake of convenience, the parties are referred to herein, as per their rank before the Trial Court.

(3.) The brief facts, leading to the filing of this Appeal Suit, are as follows:- The defendant has agreed to sell the property to the plaintiff for a total consideration of Rs.2,37,000/- on 14.05.2001 and executed a registered sale agreement on the same day and also received a sum of Rs.2,35,000/- as an advance and to pay the remaining amount of Rs.2,000/-, 15 months time from the date of agreement was stipulated. The plaintiff was always ready and willing to perform his part of contract and issued a legal notice on 03.02.2002. However, the defendant evaded to execute the sale. Hence, the suit has been filed for specific performance.