R.MUNIAPPAN Vs. P.K.KALIYAPPAN

JUDGEMENT

(1.) This Civil Revision Petition arises out of the Fair and Decreetal order passed by the District Munsiff Court, Harur in I.A.No.395 of 2016 in I.A.No.392 of 2014 in O.S.No.210 of 2011.

(2.) The brief facts of the case are that the respondent as plaintiff instituted the Suit O.S.No.210 of 2011, for specific performance. It is the case of the plaintiff that the defendant purchased the suit schedule properties from one Lakshminathan, vide sale deed dtd. 29/4/1993 and from Arimuthu and Chinnapalani, vide sale deed dtd. 3/5/1993, thereby he became absolute owner of suit schedule properties and on 11/7/1994, the defendant entered into sale agreement with the plaintiff agreeing to sell the suit properties for a total sale consideration of Rs.87,000.00 and on that day itself, the entire amount was paid by the plaintiff and the possession was also handed over to him. It is further stated that the plaintiff had spent more than Rs.2,00,000.00 to improve the land as such he has been enjoying the properties. He was always ready and willing to get sale deed executed in his favour, but the defendant was postponing execution of sale deed on one reason or other. While so, the defendant demanded a further sum of Rs.1,00,000.00 from the plaintiff for executing the sale deed. Hence, he issued a legal notice, but the defendant evaded the notice.

(3.) The petitioner/defendant though entered appearance through his lawyer, however, he was set exparte on 27/6/2013 for non filing the written statement. Subsequently, the petitioner filed I.A.No.1024 of 2013 to set aside the exparte order. The said petition was dismissed for default on 9/1/2014. Thereafter, the plaintiff examined himself as P.W.1 and marked 8 documents. The trial Court decreed the suit on 30/1/2014.