RAMASAMY Vs. BARATHAN

JUDGEMENT

(1.) The Appeal Suit has been filed to set aside the judgment and decree dtd. 21/12/2009 made in O.S. No.22 of 2007 on the file of the II Additional District Judge, Puducherry.

(2.) This is a suit filed by the plaintiff for Specific Performance in respect of the sale agreement dtd. 2/2/2006, directing the defendant to execute a sale deed in his favour after receiving the balance sale consideration of Rs.8,00,000.00 from and in default this court to execute the sale deed and convey the suit property belonging to the defendant in his favour or in the alternative, direct the defendant to refund a sum of Rs.7,00,000.00 with interest at 24% p.a. from 2/2/2006 till payment. The defendant in O.S.No.22 of 2007.

(3.) As per the terms of the sale agreement, the defendant should produce the title deeds of the suit property and other relevant documents on or before 25/6/2006 and complete the sale. The plaintiff has expressed his readiness and willingness to purchase the suit property from the defendant on several occasions through his relatives and also by direct phone calls. However, for the reasons best known to him, the defendant was postponding the execution of sale deed for one reason or other. When the plaintiff's brother in law by name Jayaraman approached the defendant on 25/3/2006 to pay the entire sale consideration of Rs.8,00,000.00, the defendant has informed that he has to get the patta copy and field map and therefore he required some time.