S. MOHAMMED YUSUF Vs. P.M. MOHAN KUMAR

JUDGEMENT

(1.) The Defendants in O.S. No.100 of 2014 on the file of the Principal District Court, Krishnagiri, are on Appeal, challenging the Judgment and Decree in the said Suit directing them to pay a sum of Rs.2,34,29,333.00 with Interest at 12% per annum on Rs.2,30,00,000.00 from the date of Decree till date of payment.

(2.) The Suit was launched by the Respondents herein claiming that they had entered into two Sale Agreements with the Appellants, in and by which, the Appellants had agreed to sell certain properties belonging to them and had received an advance of Rs.2,10,00,000.00 in all. According to the Plaintiffs, the Defendants entered into an Agreement of Sale on 5/8/2012 agreeing to convey various properties shown in Schedule 'A' & 'B' to the said agreement for a total consideration of Rs.3,52,49,500.00 and had received an advance of Rs.50,00,000.00 on the date of the agreement.

(3.) While the Schedule 'A' properties belonged to the First Defendant by virtue of two Agreements, dtd. 28/4/2009 & 15/4/2012 entered into by him with the Owners of the property and the Suit 'B' Schedule properties belonged to the Second Defendant, the wife of the First Defendant, under two Sale Deeds bearing Document Nos.985 of 2008 & 312 of 2011. It was also claimed that subsequently on 9/4/2013, the Plaintiffs paid a further sum of Rs.1,50,00,000,.00 which was evidenced by an endorsement made on the reverse of the first page of the Agreement, dtd. 5/8/2012. The Plaintiffs would further plead that the Defendants agreed to sell, the Suit 'C' Schedule properties in respect of which the First Defendant had entered into two Agreements, dtd. 28/1/2013 & 31/1/2013.