C. RAVICHANDRAN Vs. SUBBULAKSHMI

JUDGEMENT

(1.) The plaintiff in O.S.No. 160 of 2012 on the file of the First Additional District and Sessions Court, Tiruppur, is the appellant herein.

(2.) O.S.No. 160 of 2012 had been filed seeking specific performance of an agreement of sale dtd. 12/9/2012 whereby the defendant had agreed to convey the property to which she was the absolute owner, namely, land and building at Tirupur in old Ward No.13, New No. 17 to the plaintiff for a total consideration of Rs.10.00 lakhs. The agreement of sale was not registered. The plaintiff claimed that he had paid an advance of Rs.8.00 lakhs towards part sale consideration at the time when the agreement was entered into and he had undertaken to pay the balance sale consideration of Rs.2.00 lakhs within a period of 75 days and that it was covenanted that, on receipt of the said amount, the defendant should come forward to execute the sale deed. It was stated that the defendant had handed over the original title documents to the plaintiff. The plaintiff further claimed that he was always ready and willing to perform his part of the contract. Since the defendant attempted to alienate the property, the plaintiff issued notice dtd. 27/10/2012 calling upon the defendant to execute the sale deed. The defendant issued a reply on 9/11/2012 wherein she claimed that she had not entered into any agreement and that she had not received any amount as alleged.

(3.) Since the defendant did not come forward to perform her part of the agreement, the suit was filed seeking specific performance and also permanent injunction restraining the defendant from dealing with the property. An alternate relief to refund the advance sale consideration with interest was also sought.