KRISHNAMOORTHY Vs. K.SHANMUGASUNDARAM

JUDGEMENT

(1.) The plaintiff is the appellant in this Second Appeal.

(2.) .The plaintiff filed the suit seeking for the relief of specific performance and for permanent injunction or in the alternative, for refund of the advance amount that was paid pursuant to the agreement of sale dtd. 26/8/2004 and to create a charge over the suit property till the payment of the amount with interest, against the defendant.

(3.) .The case of the plaintiff is that the defendant is the absolute owner of the suit property and that he offered to sell the suit property to the plaintiff. After negotiation, they entered into an agreement of sale on 26/8/2004 (Ex.A1). As per the agreement, the total sale consideration was fixed as Rs.2,60,000.00. The plaintiff paid a sum of Rs.50,000.00 as advance at the time of the agreement and subsequently paid a sum of Rs.75,000.00 on 15/9/2004. Thus the plaintiff paid a sum of Rs.1,25,000.00 out of the total sale consideration of Rs.2,60,000.00 and the balance amount that was payable was a sum of Rs.1,35,000.00. As per the agreement, the balance sale consideration must be paid and the Sale Deed must be executed on or before the end of Tamil Thai 2005 which in terms of the English Calendar falls on 12/2/2005.