FAROOQUE DADABHOY Vs. USHA S BHAT

JUDGEMENT

(1.) This is a Suit for Specific Performance on the basis of a Sale Agreement dated 12th August 2005 whereby and whereunder the Defendant agreed to sell the property admeasuring 9560 sq. ft. with a residential house of 7300 sq. ft. situated at Door No. 17, Subbarao Avenue, First Street, Numgambakkam, Chennai-600034, which is a prime residential area in the City of Chennai for a sum of Rs. 3 Crores to the Plaintiff, making it clear that time was the essence of contract.

(2.) (a) The Defendant filed a detailed Written Statement in answer to the contentions raised in the Plaint filed in C.S. No. 26 of 2006. According to the Defendant she was not in good terms with her husband. Her husband was residing elsewhere. Her children were staying in hostel. She virtually led a lonely life and being unable to cope up with the strenuous work in the hospital, she was forced to close the hospital built with enormous effort. Subsequently, she sold the hospital. She was living in the house constructed by her in the Suit property. In fact the house was constructed by none other than the father of Thiru Kapil Chitale, who is an architect and the adjacent house owner.

(3.) The Plaintiff was examined as PW 1. The Plaintiff marked Exs. P1 to P27 on his side. The Plaintiff placed reliance on the returned Postal covers, returned Letters and copies of e-mails in support of his contention that he has been corresponding with the Defendant to conclude the transaction.