ARJUNAN Vs. D. PANDI

JUDGEMENT

(1.) THE defendant in O.S.No.863 of 2002, in the II Additional Sub-Court, Madurai is the appellant.

(2.) ADMITTEDLY , the suit property measuring about 97 cents situate in South Thenpazhanji Village in Madurai District belongs to the appellant. On 8.3.1999, under Ex.A.2 sale agreement, he had agreed to sell the suit property to the respondent/ plaintiff for Rs.2,50,000.00. In Ex.A.2, it is mentioned that on that date, respondent had paid him Rs.1 lakh as advance and one year time has been fixed for execution of the sale deed.

(3.) ON 23.9.2002, respondent demanded execution of the sale deed. But, the defendant refused. In the circumstances, on 24/9/2002, respondent issued him Ex.A.4 lawyer notice. However, appellant had managed to return it. Appellant had also made arrangements to sell the property to third parties. In the circumstances, respondent filed the suit for specific performance.