LAKSHMI Vs. S. PASUVARASU

JUDGEMENT

(1.) The appeal suit has been filed as against the judgment and decree dtd. 29/4/2017, passed by the learned Principal District Judge, Namakkal, in O.S.NO.183 of 2013, thereby dismissing the suit for specific performance.

(2.) The plaintiff is the appellant and the defendant is the respondent. For the sake of convenience, the parties are referred to as per their ranking in the trial Court.

(3.) The suit is for specific performance. The case of the plaintiff is that the suit property belonged to the defendant. He agreed to sell the property to the plaintiff for the sale price of Rs.1,100.00 per sq.ft., to the total extent of 1453 1/2 sq.ft., comprised in survey No.30/2F-2 situated at Kondichettipatti Village, Namakkal Taluk. Accordingly, they entered into agreement for sale on 3/11/2008 and paid a sum of Rs.2,00,000.00 as an advance. The time fixed for the performance of contract was three months from the date of the agreement for sale. The defendant also agreed and handed over the original parent deeds.