VALANTINE MORRIS Vs. RAMALINGAM

JUDGEMENT

(1.) CHALLENGE in this second appeal is to the judgment and decree, dated 14.06.2007 passed in A.S.No.100 of 2005, by the Principal District Court, Kanyakumari at Nagercoil, confirming the judgment and decree passed in O.S.No.76 of 2004, dated 05.09.2005, on the file of the II Additional Sub Court, Nagercoil.

(2.) THE respondent herein as plaintiff has instituted Original Suit No.76 of 2004 on the file of the trial Court seeking the relief of specific performance, wherein the present appellant has been shown as defendant.

(3.) IT is averred in the plaint that the defendant is the owner of the suit property. On 26.02.2004, the defendant entered into an agreement of the sale with the plaintiff agreeing to sell the property for a sale consideration of Rs.1,50,000/ - and received Rs.1,00,000/ - as advance and handed over the original title deed to the plaintiff. As per the terms stipulated in the sale agreement, the defendant should executed the sale deed in respect of the property within a period of one year from the date of sale agreement, after receiving the balance sale consideration of Rs.50,000/ -and the defendant should clear the encumbrance, if any in the property. The plaintiff is ready and willing to get the sale deed executed by paying the balance sale consideration and subsequently, requested the defendant. But the defendant has not come forward to execute the sale deed. Therefore, on 01.07.2004, the plaintiff sent a notice to the defendant requesting him to execute sale deed after receiving the balance sale consideration of Rs.50,000/ -. But the defendant did not send any reply to the notice and he is attempted to alienate the suit property to others. Hence, the plaintiff file the suit prior to the expiry of the agreement period seeking the relief as stated supra.