SYED AKBAR (DIED) Vs. V. THILAGAR MADASAMY

JUDGEMENT

(1.) The Defendant in O.S. No.7875 of 2010 on the file of the XVII Additional City Civil Court, Chennai, is on Appeal, challenging the Decree for Specific Performance granted in the said Suit. The parties will be referred to as per their rank in the Suit for conviniance.

(2.) According to the Plaintiff, the Defendant agreed to sell the Suit property viz. the Superstructure and the Leasehold rights over the land belonging to a Waqf under the Suit Agreement, dtd. 12/10/2007 for a total consideration of Rs.75,00,000..00 A sum of Rs.1,00,000.00 was paid as Advance and a period of 6 months was fixed for performance of the Contract. The Plaintiff caused a Notice to be issued on 19/3/2008 demanding performance expressing his readiness and willingness to perform his part of the Contract.

(3.) The Defendant sent a Reply on 4/4/2008 claiming that the Agreement is not valid and the same was extracted when the Defendant was not in a proper and fixed State of mind and health. It is also claimed that he was in a severe state of mental shock due to an Auction Notice received from the Government approved Auctioneers at the instance of his creditors, which fixed the date of Auction on 12/10/2007.