ANNAPILLI AMMAL Vs. S.PATHUMUTHU

JUDGEMENT

(1.) This Appeal Suit has been preferred challenging the judgment and decree of the learned Principal District Judge, Madurai dtd. 17/9/2018 made in O.S. No. 50 of 2011.

(2.) The appellant is the defendant in the suit. The respondent/plaintiff has filed the suit for specific performance on the basis of a sale agreement dtd. 22/3/2010. According to the plaintiff on 22/3/2010, the defendant had agreed to sell the suit property to him for a consideration of Rs.18,00,000.00 (Rupees eighteen lakhs only); on the date of sale agreement itself a sum of Rs.3,00,000.00 (Rupees three lakhs only) was paid as advance; the period for performance of the contract was agreed at six months; subsequent to the sale agreement, the plaintiff has made several payments as under:

(3.) The defendant has contested the suit by stating that the sale agreement was not executed by her and she was misguided by her own brother, who took her to the plaintiff by stating that the plaintiff would give her loan; though her brother assured to get Rs.5,00,000.00 (Rupees five lakhs only) as loan, she was given with only a sum of Rs.3,00,000.00 (Rupees three lakhs only) as loan on 22/3/2010; having believed that she was made to sign on the mortgage deed, she affixed her signature; but later she came to know that her brother played fraud upon her in order to get the impugned sale agreement executed. Further, the suit property does not belong to the defendant; she has purchased only five cents; and hence it is false to state that the property as described under Ex.A.1 sale agreement was agreed to be sold by her in favour of the plaintiff; since the plaintiff has not come with clean hands, the suit has to be dismissed.