PARIMALA Vs. JAYA

JUDGEMENT

(1.) This second appeal has been preferred against the judgment and decree of the subordinate Judge s Court at Dharmapuri dated 23.04.2009 in A.S.No.52 of 2009 confirming the judgement and decree of the District Munsif Court at Dharmapuri, dated 06.03.2006 in O.S.No.163 of 2004.

(2.) The appellant is the plaintiff.

(3.) The short facts of the case of the plaintiff is that she entered into a sale agreement with the defendant on 07.02.2001 for a sale consideration of Rs.73,500/- (Rs.24,500/-per cent X 3 cents). On the same day of sale agreement itself he paid an advance amount of Rs.20,000/- and agreed to pay the remaining sale amount within the three months. The plaintiff was ready and willing to pay the remaining sale amount, and to get the sale deed registered. Subsequent to the sale agreement, the defendant received a part sale consideration for a sum of Rs. 37,500/- in the first week of Tamil Month of Chithirai, to meet out his urgent expenses. The plaintiff was always ready to pay the balance sale consideration also and called upon the defendant on 05.05.2001 to receive the balance sale consideration and executed the sale deed; but the defendant did not come forward to get the balance sale amount and execute the sale deed. The plaintiff sent notices to the defendant on 22.05.2003 and 19.05.2003. But the defendant avoided to receive the notices. Again the plaintiff sent pre-suit notice on 14.07.2003 and the same was received by the defendant on 18.07.2003, whereas the plaintiff has filed a suit for specific performance.