M BALASUBRAMANIAM Vs. GOPALAKRISHNA ODAYAR

JUDGEMENT

(1.) THE plaintiff is the appellant.

(2.) THE subject matter of the suit, an extent of 50 cents comprised in R. S. NO. 32/3 situated at Kapparamangalam Circle, Kodavasal Taluk, belonged to the first defendant. According to the plaintiff, the first defendant had agreed to sell the suit property to him, for a sum of Rs. 15,000/- on 15. 4. 1989, for which he had executed an agreement of sale on which date, he had also received a sum of Rs. 1000/- as advance. Under the agreement, the first defendant had agreed to redeem the mortgage, which was in favour of the second defendant, then agreed to put the plaintiff in possession, completing the sale transaction, receiving the balance on or before 15. 7. 1989. In pursuance of the agreement, the plaintiff/appellant had paid a sum of Rs. 5,000/- on 18. 4. 1989, for which the defendant not only refused to make an endorsement, but also attempted to tear of the agreement, for which a criminal case has been filed against the first defendant. Despite the fact, the plaintiff has always been ready and willing to perform his part of the contract, the first defendant failed to perform his part of the contract, due to the ill advice of the second defendant, thereby compelling the plaintiff to file the suit, for specific performance.

(3.) THE first defendant had filed a written statement denying the execution of the agreement contending, that he had executed a hand letter, after obtaining a loan of Rs. 1000/-, without knowing the contents of the document and that he never agreed to sell his property to the plaintiff, since the same was sold to third parties, further denying the subsequent payment of Rs. 5,000/- also, thereby praying for the dismissal of the suit.