N. MUNISAMY Vs. V. MOHANA

JUDGEMENT

(1.) This Second Appeal is filed challenging the Judgment and decree of the learned Principal District Judge, Krishnagiri in A.S.No.35 of 2018 reversing the Judgment of the learned Subordinate Judge, Hosur in O.S.No.60 of 2012.

(2.) The appellant / plaintiff filed a suit for specific performance of contract on the basis of sale agreement, dtd. 23/3/2009 alleged to have been executed by the respondent/defendant in favour of the appellant for possession of the suit property and for costs.

(3.) The case of the appellant, in brief, is as follows: The suit property belongs to the respondent. She purchased the suit property as a house site on 27/9/2007 and then she constructed a building in the suit property. The respondent and her husband approached the appellant offering to sell the suit property due to their urgent need of funds to discharge sundry debts and meet their urgent expenses. Upon agreeing to purchase the suit property, negotiation was conducted in the presence of middlemen. The sale price was fixed at Rs.5.00 lakhs. The Sale agreement was entered into between the appellant and the respondent on 23/3/2009. Upon paying the advance amount of Rs.2.00 lakhs, the period for completion of the sale was fixed as 3 years. The appellant was ready and willing to pay the balance sale consideration of Rs.3.00 lakhs and complete the sale. However, the respondent was evading under some pretext or other in executing the sale deed. The appellant approached the respondent through middle men for the completion of sale transaction. Even thereafter, the respondent successfully evaded to execute the sale deed. Therefore, the appellant issued a legal notice on 14/3/2012, calling upon the respondent to appear before the Sub Registrar Office, Hosur on 21/3/2012 at 10.00 a.m to receive the balance sale consideration and complete the sale transaction. On receiving the legal notice, dtd. 14/3/2012, the respondent neither chose to appear before the Sub Registrar Office, Hosur for executing the Sale Deed nor sent a reply. Left with no other option, the appellant filed the suit for the reliefs aforesaid.