K. THAMILSELVI Vs. LAKSHMI

JUDGEMENT

(1.) This Second Appeal has been filed challenging the concurrent findings of the courts below. The first defendant in the suit in O.S.No.772 of 2010 on the file of the Principal Subordinate Court, Trichy is the appellant herein. The first respondent is the plaintiff in the suit. The second respondent is the bank where the first defendant/appellant was maintaining a bank account.

(2.) In the forthcoming paragraphs, the parties are described as per their litigative status in the suit.

(3.) The suit was filed by the plaintiff seeking specific performance of an agreement of sale dtd. 23/10/2006 and for permanent injunction restraining the first defendant from interfering with the peaceful possession and enjoyment of the suit schedule property. The first defendant had entered into an agreement of sale dtd. 23/10/2006 with the plaintiff. As per the agreement of sale, the plaintiff had paid an advance of Rs.4,64,360.00 to the first defendant and the balance sale consideration of Rs.4,35,640.00 shall be paid by the plaintiff by way of installments within two years from the date of the sale agreement. The plaintiff claims that the balance sale consideration of Rs.4,35,640.00 was also paid by her to the first defendant's bank account held with the second defendant bank and the entire loan was discharged only by the plaintiff. Having paid the entire sale consideration, the plaintiff has sought for specific performance of the agreement of sale by directing the first defendant to execute the sale deed in her favour for the suit schedule property.