S. RAJ Vs. S. GOPALAKRISHNAN

JUDGEMENT

(1.) This Second Appeal has been filed against the judgment and decree, passed in A.S.No.11 of 2015 on the file of the Principal District Court, Tirunelveli, dtd. 14/12/2015, modifying the judgment and decree passed in O.S.No.16 of 2012 on the file of the Additional Sub Court, Tirunelveli, dtd. 25/9/2014. The appellant herein is the defendant, the first respondent herein is the plaintiff in the original suit. The respondents 2 to 4 herein are the LRs of the first respondent / plaintiff.

(2.) Brief substance of the plaint, in O.S.No.16 of 2012 is as follows: The suit property belonged to the defendant through a sale deed, dtd. 12/2/2010. After the purchase, the defendant constructed a building in the suit property. On 24/1/2011, the plaintiff and the defendant entered into a sale agreement. The sale consideration was fixed as Rs.5,50,000.00. On the date of the sale agreement, a sum of Rs.4,00,000.00 was paid to the defendant and the time for payment of the balance was fixed as one year. The plaintiff was always ready and willing to fulfill his part of the contract. On the date of sale agreement, the plaintiff handed over the documents 2 to 11. The defendant refused to execute the sale deed and he lodged a complaint before the Police and later, he filed a petition before the criminal Court to register a case against the petitioner. The sale agreement was not executed as a security for a loan transaction. Though in the enquiry before the police, the defendant has admitted to repay Rs.4,00,000.00 with 24% interest from 24/1/2011 within a period of 7 days, the defendant failed to repay the amount and the defendant is trying to alienate the property.

(3.) Brief substance of the written statement filed by the defendant in O.S.No.16 of 2012 is as follows:-