M. VAIRAMUDI Vs. K.U. JANAKIRAMAN (DIED)

JUDGEMENT

(1.) A. The Appeal:

(2.) For the sake of convenience, in this judgement the parties are referred to as per their array in the original suit.

(3.) The defendant is the owner of the suit scheduled property he having purchased the same by a sale deed dtd. 16/05/2007 from one Parimala Venkatesan. The defendant intended to sell the property and the plaintiff agreed to purchase the property for a total sale consideration of Rs.43,00,000.00 (Rupees Forty Three Lakhs only). The defendant had mortgaged the property with M/s. Syndicate Bank and he promised to settle the dues and get back the original documents and convey the property in favour of the plaintiff. Hence four months time was fixed for completion of the transaction. On 17/04/2011, the plaintiff paid an advance of Rs.16,00,000.00 (Rupees Sixteen Lakhs Only) and in the presence of witnesses, the deceased first plaintiff and the defendant executed the suit agreement for sale. On 21/04/2011, another sum of Rs.10,00,000.00(Rupees Ten Lakhs only) was paid and due endorsement was made on the reverse of the agreement in the presence of witnesses.