M. SEKAR Vs. P. MADESHWARAN

JUDGEMENT

(1.) THE Second Appeal has been preferred challenging the judgment and decree passed in A.S.No.6 of 2010 dated 15.03.2011 on the file of the Principal District Judge, Namakkal, confirming the judgment and decree made in the suit in O.S.No.429 of 2000 dated 10.12.2009 on the file of the Sub Judge, Namakkal.

(2.) IT is seen that the appellant/defendant has raised the following Substantial Questions of Law for consideration of this Second Appeal:

(3.) LEARNED counsel appearing for the appellant/defendant submits that Ex.A1 was executed only as a supporting document for a loan transaction between the appellant and the respondent, though the document reads as an agreement for sale. Learned counsel appearing for the appellant/defendant further submits that as per the document Ex.A1, sale consideration is stated at Rs.1,10,000/ -, however, Rs.1,00,000/ - was paid as advance and part of sale consideration, and therefore, there is no need for the respondent/plaintiff to wait till 03.05.2000 and to issue a legal notice dated 03.05.2000 seeking specific performance based on the agreement of sale dated 27.05.1997 to the appellant/defendant and according to him, during the above said period, the value of the property was raised to Rs.3,00,000/ - per acre.