LAWS(MAD)-2024-2-111

B.T. KUMAR Vs. K. SUBRAMANIAN

Decided On February 22, 2024
B.T. Kumar Appellant
V/S
K. SUBRAMANIAN Respondents

JUDGEMENT

(1.) The Appellant is the unsuccessful Plaintiff and has challenged Judgment and Decree, dtd. 30/8/2010 passed in O.S. No.53 of 2009 by the Additional District Court (Fast Track Court), Dindigul. The submissions of Mrs. N. Krishnaveni, learned Senior Counsel on behalf of Mr. P. Thiagarajan, learned Counsel on record on behalf of the Appellant are set out below.

(2.) The parties had entered into an Agreement for Sale of the property at [XXXXXXXXXXXXXXXXXXX](Suit property). The Suit property ad-measured 1.12.0 acres 2.75 cent and housed a building thereupon. Possession of the Suit property had earlier been with the Appellant as he had been running a Teacher's Training Institute therein.

(3.) The parties had executed an Agreement of Sale on 21/6/2006 (marked as Ex.A1 by the Appellant) agreeing upon Sale consideration of Rs.50.00 lakhs towards the sale. Rs.10.00 lakhs had been paid upfront as Advance and the balance consideration of a sum of Rs.40.00 lakhs was to be paid within six months and the Sale registered thereafter without demur.