SEKAR Vs. RAMADAS

JUDGEMENT

(1.) THE appellant who is the defendant in the suit filed this second appeal against the Judgment and Decree dated 23.01.2004 made in A.S.No.85 of 2003 and on the file of Principal Sub -Court, Mayiladudurai, reversing the Judgment and Decree dated 10.07.2002 made in O.S.No.721 of 1998 on the file of Principal District Munsif Court, Mayiladudurai.

(2.) FOR the sake of convenience, the defendant in the suit is referred as appellant and the plaintiff in the suit is referred as respondent hereafter.

(3.) THE appellant/defendant has filed a written statement in which, it is admitted that the appellant entered into an agreement of sale with the respondent and also admitted that the sale price was fixed at Rs.1,17,000/ - and a sum of Rs.75,000/ - was paid as part of sale consideration. At the time of last payment, the respondent agreed to produce all the original title deeds for the property and before the sale deed to get the signature of his daughters in the sale deed. But the appellant had not kept up his promise and without performing his part of the agreement, respondent gave a legal notice. Immediately, the appellant approached the respondent and reported that the appellant is ready to perform his part of the agreement and requested the respondent to produce the original title deeds and also to get signature of the daughters. The respondent has postponing the same on one ground or other. Now, the respondent has filed this vexatious suit. The respondent having failed to perform his part of contract, he cannot cancel the agreement unilaterally. Even now, the appellant is ready to perform his part of the agreement, if the respondent produce original title deed and obtain signature of his daughters. The appellant is not bound to surrender possession. The respondent has no right to adjust the amount towards profit. The respondent cannot claim any profit from the appellant and also it is highly excessive and therefore, prayed for dismissal of the suit.