SURENDRAN Vs. G. SELLADURAI

JUDGEMENT

(1.) This appeal suit has been filed by the 2nd defendant/appellant against the judgment and decree passed by the II Additional District Judge, Tiruchirappalli in O.S.No.111 of 2007, dtd. 6/8/2012, decreeing the relief of specific performance sought for by the plaintiff/1st respondent.

(2.) For the sake of convenience, the parties will be addressed with the same rank assigned in the suit.

(3.) The case of the plaintiff is that the 1st defendant is the owner of the subject property and he appointed the 3rd defendant as his Power Of Attorney agent through registered Power Of Attorney deeds dtd. 22/8/2002 (marked as Ex.A1) and 9/6/2004 (marked as Ex.A2), empowering the 3rd defendant to sell the property. The further case of the plaintiff is that the 3rd defendant in her capacity as the agent, entered into an agreement of sale dtd. 1/7/2006 (marked as Ex.A3) with the plaintiff. As per the sale agreement, the total sale consideration was fixed as Rs.35,01,000.00 and an advance of Rs.5,00,000.00 was received by the agent on the date of agreement by way of cash. The agreement fixed a period of two years for the payment of the balance sale consideration of Rs.30,01,000.00 and on receipt of the same, to execute the sale deed in favour of the plaintiff.