S.NIRAMAL DEVI Vs. M.VENISLAS

JUDGEMENT

(1.) Since the scope of the appeal is limited, with the consent of the parties, the appeal itself is taken up for final hearing.

(2.) This appeal is at the instance of the first defendant in O.S. No. 127 of 2009 on the file of the Additional District and Sessions Judge(Fast Track Court), Kanyakumari at Nagercoil, a suit for specific performance launched by the first respondent herein seeking specific performance of an agreement of sale, dtd. 7/3/2007. According to the plaintiff, the defendants agreed to sell the property measuring about 7 cents for a total consideration of Rs.15,90,000.00 and the same was witnessed by agreement in writing dtd. 7/3/2007. Apart from paying a sum of Rs.3,05,000.00 as advance on the date of the agreement, the plaintiff had paid further amounts on various dates amounting to Rs.13,55,000.00. Offering to pay the balance of sale consideration, the plaintiff launched the suit on 27/7/2009. It is the case of the plaintiff that despite offers made to pay the balance of sale consideration, the defendants did not come forward to execute the sale deed.

(3.) The suit was resisted by the defendants contending that the suit agreement was not intended to be a sale agreement. It was only a loan transaction which was camouflaged for an agreement of sale.