A. VENKATACHALAM Vs. C. JAYAKUMAR

JUDGEMENT

(1.) The present Revision Petition has been filed challenging the fair and decretal order made in I.A.No.186 of 2015 in O.S.No.544 of 2014 on the file of the IV- Additional District and Sessions Judge, Coimbatore, wherein, the learned Judge had dismissed the petition filed by the petitioner/ defendant seeking to reject the plain under Order VII Rule 11(d) and Sec. 151 C.P.C.

(2.) The case of the petitioner is that the petitioner and the respondent had entered into a Memorandum of Understanding dtd. 10/7/2014, under which the petitioner had agreed to sell his house to the respondent. The petitioner and the respondent had agreed to execute a registered sale agreement within 90 days from the date of Memorandum of Understanding.

(3.) The petitioner had received a sum of Rs.25,00,000.00 (Rupees Twenty Five Lakhs) for which a receipt has been made on the reverse page of the first sheet of the MOU. The respondent had failed to pay 1/3rd of the total consideration within 90 days as stipulated in the MOU. The respondent had issued a legal notice on 26/9/2014 which was suitably replied to by the petitioner on 29/9/2014 for which the respondent had sent a rejoinder. The dispute between the parties arose on the allegation that the petitioner had not produced any documents for verifying the title deeds, to prepare the sale agreement. The respondent had filed a suit for return of sum of Rs.25,00,000.00 together with interest at the rate of 18% per annum and also for damages. The suit itself is not maintainable as the MOU is only an arrangement and not a legally valid document which could be enforced in the Court of law. Hence, the petitioner had filed an application to reject the suit.