A K SWAMINATHAN Vs. STATE

JUDGEMENT

(1.) Challenge in this second appeal is to the judgment and decree, dated 25.07.2005 passed in A.S.No.201 of 2004 by the II Additional Subordinate Judge, Madurai, reversing the judgment and decree passed in O.S.No.13 of 2003 on the file of the District Munsif, Melur, dated 08.01.2004.

(2.) The respondent herein as plaintiff has instituted Original Suit No.13 of 2003 on the file of the trial Court for specific performance or in the alternative relief of getting Rs.30,000/- with interest at the rate of 18% from the date of the alleged sale agreement, wherein the present appellant has been shown as defendant.

(3.) It is averred in the plaint that the suit properties originally belonged to the defendant. The defendant offered the suit properties for sale to the plaintiff and the plaintiff had also agreed to purchase the same. On 25.07.2001, both the plaintiff and the defendant entered into a registered agreement of sale. The terms and conditions of the agreement is that the agreed sale price is Rs.30,000/- and the advance amount is Rs.28,000/- and the balance of Rs.2,000/- has to be paid before the Sub Registrar or in person at the time of execution of the sale deed within a period 18 months i.e., on or before 25.01.2003. The agreement was registered on 27.07.2001 duly attested by two witnesses. The plaintiff has always been ready and willing to have the sale deed duly executed and also issued a registered notice on 09.01.2013, which was also acknowledged by the defendant on 13.01.2003. In-spite of that, the defendant has not expressed his willingness to execute the sale deed and to receive the balance amount. Hence, the present suit has been filed for the relief as stated above.