SARADAMMAL ALIAS SARADAMBAL Vs. G S SRINATH

JUDGEMENT

(1.) THIS appeal is preferred against the judgment and decree dated 20.9.2010 passed by the learned Principal District Judge, Tiruvallur, in O.S.No.77 of 2007. The defendant is the appellant herein. For the sake of convenience, in this judgment, the parties are referred to as arrayed in the suit.

(2.) THE plaintiff filed the suit seeking for a judgment and decree directing the defendant to execute a sale deed for a sum of Rs.54,25,200/- in favour of the plaintiff or his nominee in respect of the suit property as per agreement of sale executed by the defendant on 5.10.2004, after receiving the balance of sale consideration of Rs.42,25,000/- from the plaintiff, on her failure to do so, the Court to execute the sale deed in favour of the plaintiff on behalf of the defendant at the expense of the plaintiff and alternatively, to direct the defendant to refund the advance amount of Rs.12,00,000/- with 18% interest per annum from the date of agreement till the date of realisation and for costs.

(3.) ACCORDING to the plaintiff, he has got enormous resources to pay the balance sale price and also to spend for the stamp duty, registration fees and other charges and the plaintiff has been ready and willing to complete the sale at all material times and without physically verifying the available area of land with the possession and ownership of the defendant and without furnishing the materials insisted and also undertaken by the defendant, the plaintiff could not proceed further with his part of obligation in getting the sale deed ready for registration or to pay the huge balance of sale consideration under the agreement. It is further stated by the plaintiff that the defendant did not take any steps either to engage a surveyor to measure the suit lands or to pay the arrears of land revenue and she created an obstacle in the progress and performance of obligation on the part of the plaintiff.