C.B.VISHNUDASAN Vs. D.VIJAYA

JUDGEMENT

(1.) This Civil Revision Petition has been preferred under Article 227 of the Constitution of India, against the order and decretal order, dated 18.06.2012 made in I.A. No. 39 of 2012 in O.S. No. 122 of 2011 on the file of the Principal District Court, Cuddalore. The Interlocutory Application in I.A. No. 39 of 2012 was filed by the respondent herein under Order 7 Rule 11 of the Code of Civil Procedure, seeking an order to reject the plaint relating to the suit in O.S. No. 122 of 2011 on the file of the said Court.

(2.) The revision petitioner herein as plaintiff had filed the suit, seeking a money decree against the respondent herein for a sum of Rs. 21,04,000/- to be paid with 6% interest p.a., for the principal amount, Rs. 20,00,000/- from the date of filing of the plaint till the date of recovery of the said amount and for costs. In the plaint averments, the petitioner as plaintiff has stated that the respondent herein, who was the defendant in the suit represented that she owned a property, an extent of 57 cents punja land in S. No. 244/1 in Pachayankuppam village, Cuddalore Taluk and offered to sell the same. Having considered the representation, the petitioner/plaintiff agreed to purchase the said land for a sum of Rs. 60,00,000/- and the agreement was reduced into writing on 06.04.2011. The respondent/defendant received part of the sale consideration, Rs. 20,00,000/- as advance amount and the balance of Rs. 40,00,000/- was agreed to be paid within three months to the plaintiff, in turn, the respondent/defendant agreed to execute a sale deed in favour of the petitioner/plaintiff.

(3.) The petitioner has stated that he had entered into the agreement of sale, believing the words of the respondent and also paid part of the sale consideration, Rs. 20,00,000/-. Subsequently, the petitioner/plaintiff came to know to his shock and surprise that there was a suit pending between one K. Veerappan, Kaliyamurthy, Pugazhendhi and S. Ramesh in O.S. No. 520/2012 on the file of the Additional District Munsif, Cuddalore in respect of the suit property and that the said Ramesh filed Crl. O.P. No. 14379 of 2011 on the file of the High Court against the said Pugazhendhi and one Koutham Raja, questioning the transactions in respect of the property covered under the suit agreement. In support of the same, the petitioner/plaintiff had stated that he filed supporting documents. Subsequently, according to the petitioner, he issued legal notice to the respondent/defendant, rescinding the agreement for sale, dated 06.04.2011 entered into between the plaintiff and the defendant and asked the defendant to return the advance amount with interest. The respondent/defendant having admitted the receipt of advance amount of Rs. 20,00,000/- from the petitioner, raised frivolous and unsustainable defence. Hence, the petitioner/plaintiff filed a suit, seeking a money decree for the return of the advance amount with interest and costs.