J.CHANDRASEKAR Vs. N.GANDHIMATHI

JUDGEMENT

(1.) The plaintiff in the suit in O.S.No.474 of 2011 on the file of the First Additional District Judge, Coimbatore is the appellant in the above appeal.

(2.) The plaintiff filed the suit in O.S.No.474 of 2011 for specific performance of an Agreement of Sale Deed dtd. 18/8/2006 and to deliver possession of the property to the plaintiff and for other consequential reliefs.

(3.) It is the case of the plaintiff that he entered into an Agreement of Sale with the husband of 1st respondent on 18/8/2006. It is contended by the appellant that the husband of 1st respondent agreed to sell the suit property namely an extent of 2 acres out of a larger extent of 4.64 acres in S.No.250 in Thudialur Village, Coimbatore Taluk. The Sale Agreement dtd. 18/8/2006 marked as Ex.A1 in the suit reveals that the appellant entered into an Agreement of Sale in respect of the suit property for a total sale consideration of Rs.30,00,000.00 . It is seen that the plaintiff has paid a sum of Rs.5,00,000.00 as advance on the date of the agreement and agreed to pay the balance of sale consideration namely Rs.25,00,000.00 within a period of six months from the date of the agreement. The agreement also contain the following clause which read as follows: