P.ARUMUGAM Vs. M.SHUNMUGAM PILLAI

JUDGEMENT

(1.) CHALLENGE in this Second Appeal is to the concurrent Judgments and decrees passed in Original Suit No.301 of 2003 by the Sub Court, Thoothukudi and in Appeal Suit No.16 of 2008 by the Additional District Court/Fast Track Court No.I, Thoothukudi.

(2.) THE respondent herein as plaintiff has instituted Original Suit No.301 of 2003 on the file of the trial Court praying to pass a decree of specific performance in his favour on the basis of the sale agreement dated 24.09.2000, wherein the present appellant has been shown as sole defendant.

(3.) IN the written statement filed on the side of the defendant it is averred that on 24.09.2000 the defendant has not agreed to sell the suit property in favour of the plaintiff for a sum of Rs.3,50,000/- and received a sum of Rs.2,00,000/- by way of an advance. It is also equally false to contend that the defendant has agreed to execute a sale deed in favour of the plaintiff within a period of six months after receipt of balance of sale consideration of Rs.1,50,000/-. On 06.04.2002, the defendant has suffered from illness and he asked his brother Jeevanantham to get money from the plaintiff and accordingly the plaintiff has given a sum of Rs.35,000/-. At the time of advancing loan, the plaintiff has obtained signature of the defendant on various blank papers and blank non-judicial stamps. The plaintiff has also received house tax receipt, will etc. from the defendant. After six months the defendant has paid the entire principal amount and demanded the documents which have been handed over to the plaintiff. But the plaintiff has demanded a sum of Rs.80,000/- so as to return the documents which have been received from the defendant and due to that a police complaint dated 04.08.2003 has been preferred and there is no merit in the Suit and the same deserves to be dismissed.