AROKKIYARAJ Vs. A. AROKKOYARAJ

JUDGEMENT

(1.) The case has been heard through Video Conferencing This appeal is filed by the defendants, aggrieved by the judgment and decree passed by the trial Court against them in the suit filed for Specific Performance and Mesne Profits.

(2.) The trial Court, on considering the pleadings and evidence granted the relief of Specific Performance but dismissed the prayer for Mesne Profits.

(3.) The brief facts of the case is that, the plaint schedule property owned by the first defendant Arokkiyaraj, S/o Anthonisamy Udaiyar. On 16.07.2009, he entered into a sale agreement with the plaintiff Arokkiyaraj, S/o Amburose Udaiyar. The sale consideration of the suit property was fixed as Rs.10,67,500/- and an advance of Rs.1,55,000/- was paid on the date of sale agreement. The purchaser/plaintiff agreed to pay the balance sale consideration of Rs.9,12,500/- within the period of six months from the date of sale agreement. The purchaser/plaintiff, when requested the vendor/first defendant to receive the balance sale consideration and execute the sale deed, the first defendant started evading. Hence, after issuing pre-suit notice dated 05.01.2010, the suit was filed filed for Specific Performance of the agreement and mesne profits.