N. BASUVARAJ Vs. GULLAMMA

JUDGEMENT

(1.) The unsuccessful Defendant in a Suit for Specific Performance is the Appellant before this Court.

(2.) For the sake of convenience, the parties are described as per their litigative status before the Trial Court.

(3.) The Plaintiff filed a Suit in O.S. No.65 of 2007 before the District Munsif Court, Denkanikottai, seeking Specific Performance of an Agreement of Sale, dtd. 17/5/2005 for purchasing the Suit property. It is the case of the Plaintiff that the Defendant approached the Plaintiff for selling the Suit Scheduled property measuring 6 cents, comprised of two items of three cents each for a Total consideration of Rs.55,000..00 The Plaintiff has further pleaded that an advance of Rs.50,000.00 was paid on the date of Sale Agreement itself and for payment of remaining Sale consideration of Rs.5,000,.00one year time was mutually agreed upon between the parties. Alleging that despite several requests made by the Plaintiff to receive the balance Sale consideration and execute the Registered Sale Deed in favour of the Plaintiff and also a Lawyer's Notice, dtd. 16/5/2006, which was evaded by the Defendant, the Defendant did not come forward to honour the terms of the Sale Agreement. Pleading readiness and willingness, the Suit for Specific Performance came to be instituted.