C. MADHESWARAN Vs. K.C. RAMESH

JUDGEMENT

(1.) THE plaintiff in O.S.No.107 of 2005 on the file of the Principal Subordinate Court, Krishnagiri, is the appellant.

(2.) THE appellant/ plaintiff filed the suit for specific performance of an agreement of sale and the suit was dismissed and confirmed in the appeal in A.S.No.69 of 2012 on the file of the Principal District Court, Krishnagiri and aggrieved by the same, the Second Appeal is filed by the appellant.

(3.) THE respondent/ defendant filed a statement admitting the execution of agreement of sale and also the consideration fixed under the agreement and receipt of Rs.10,000/ as advance. But he denied the payment of Rs.1,00,000/ on 11.4.2005 by the plaintiff towards part of the sale consideration and also the acknowledgment alleged to have been made by him for having received Rs.1,00,000/ . He denied the receipt of Rs.1,00,000/ . He also stated that he borrowed Rs.35,000/ in the year 2003 and repaid Rs.15,000/ and balance Rs.20,000/ was to be paid by him to the plaintiff and a Panchayat was convened and in that Panchayat it was decided that the defendant has to pay Rs.41,000/ to the plaintiff on or before July 2005 and the signature of the defendant was obtained by the Panchayatars in a blank paper on the Stamp and that must have been used to create acknowledgment and the plaintiff would not have paid Rs.1,00,000/ and even according to the plaintiff the defendant has to pay him Rs.1,12,000/ in respect of the earlier transaction and therefore he is not liable to execute the sale deed.