ZAMEEL AHMED Vs. JAYASHREE NARAYANAN

JUDGEMENT

(1.) This Appeal Suit is directed against the judgment and decree passed in O.S.No.122 of 2008 dtd. 27/9/2012 on the file of the learned II Additional District Judge, Pondicherry.

(2.) For the sake of convenience, the parties are referred to hereunder according to their litigative status before the Trial Court.

(3.) The case of the plaintiff in brief is that on 12/8/2006, the defendant had entered into an agreement for sale and agreed to sell the suit schedule property for the total sale consideration of Rs.10.00 lakhs and received a sum of Rs.25,000.00 by way of cheque dtd. 22/6/2006 and a sum of Rs.2,80,000.00 as cash in advance. He also agreed to hand over the original title deeds and other connected documents within a period of two months to the plaintiff. Whenever, the plaintiff requested the defendant to perform his part of the contract, the defendant requested the plaintiff to give some more time. Though the plaintiff has expressed her readiness and willingness to pay the balance sale consideration, the defendant had not come forward to hand over the original title deed and also failed to execute the sale deed in favour of the plaintiff. Therefore, the plaintiff caused legal notice on 29/8/2007, calling upon the defendant to execute the sale deed in favour of the plaintiff after receiving the balance sale consideration. Hence, the complaint.