P. PALANI Vs. K. B. VENKATESAN

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the fair and decretal order dtd. 3/7/2017 passed in unnumbered O.S.No..of 2017 in 19 Register No.3090 dtd. 13/4/2017 on the file of the District Judge, Tiruvannamalai, to number it and dispose of the suit on merits.

(2.) The petitioner herein is the plaintiff. He filed a suit for specific performance against the respondent herein, who is the defendant. An alternative plea for refund of the advance amount was also prayed.

(3.) The case of the petitioner/plaintiff is that he entered into a sale agreement in respect of the suit schedule property with the respondent/ defendant herein on 6/7/2015 for total consideration of Rs.17,00,000.00. On the date of agreement, the petitioner/plaintiff has paid Rs.15,00,000.00 to the respondent/defendant as advance and also agreed to pay the balance of sale consideration of Rs.2,00,000.00 to the respondent and get the sale deed registered in his favour within twenty one months from the date of the agreement. Within the time prescribed in the agreement of sale, the petitioner/plaintiff approached the respondent/defendant several times and requested him to receive the balance sale consideration and to execute the sale deed in his favour, but the respondent refused to execute the sale deed and also evaded from receiving the balance sale consideration. Therefore, the plaintiff issued a lawyer notice dtd. 2/2/2017, to the respondent, but he has neither replied nor complied with the demand made by the plaintiff despite receipt of the legal notice. Therefore, finding no alternative, the plaintiff approached the Civil Court and filed the suit.