R.S.SEKAR Vs. SAMINATHAN

JUDGEMENT

(1.) This Second Appeal is directed by the unsuccessful plaintiff before the First Appellate Court, assailing the Judgment and Decree dated June 20, 2018 passed in A.S.No. 34 of 2017 on the file of 'Additional District Court (Fast Track Court), Arni' ['First Appellate Court' for short], whereby the Judgment and Decree dated August 10, 2012 passed in O.S.No. 92 of 2008 on the file of 'Subordinate Court, Arni, Tiruvannamalai District' ['Trial Court' for short] was reversed.

(2.) Hereinafter, for the sake of convenience, the parties will be denoted as per their array in the Original Suit.

(3.) In the Plaint it is averred that the first defendant entered into a Sale Agreement on January 17, 2007 with the plaintiff, agreeing to sell his lands measuring roughly 2 Acres in Survey Nos.135/6 and 144/8 at the rate of Rs.1500.00 per Cent and accordingly received an advance of Rs.25,000.00 as part payment of the total sale consideration. The plaintiff blindly believed the first defendant as to the extent of the said lands. The period of performance was agreed to be within 60 days from the date of Sale Agreement.