R.SHYAMALA Vs. A.JANI SAHIB

JUDGEMENT

(1.) The respondent in a petition for attachment in I.A.No.25 of 2015 (New No.1 of 2022) in O.S.No.11 of 2015 on the file of the Additional District Court, Tiruvannamalai is the appellant herein. The brief facts which are necessary for disposing of this appeal are as follows:

(2.) The respondent / plaintiff had filed the above suit seeking recovery of a sum of Rs.14,16,000.00 with interest at 12%, allegedly due towards advance amount paid by the respondent to the appellant for purchasing the suit property. It is the respondent's case that on the date of the sale agreement i.e., on 12/8/2013 a sum of Rs.12,00,000.00was paid as an advance to the appellant. The time fixed for paying the balance amount was a period of 1 year and 6 months.

(3.) The respondent would submit that he had requested the appellant to register the sale agreement and hand over possession of the properties. The appellant herein had started adopting dilatory tactics and therefore the respondent had caused a lawyer's notice to be issued on 9/1/2015. However, the same was returned unserved and therefore the respondent had come forward with the suit for recovery of advance amount together with interest.