NACHIMUTHU Vs. MARIMUTHU

JUDGEMENT

(1.) The plaintiff in the suit for specific performance is the appellant herein. The Second Appeal is filed challenging the judgment and decree dtd. 28/3/2011 passed in AS.No.49 of 2008 on the file of Additional District Court, Fast Track Court No.I, Salem, reversing the judgment and decree dtd. 29/1/2008 passed in O.S.No.25 of 2006 on the file of Sub Court, Mettur.

(2.) For the sake of convenience, the parties are referred to as per their rankings before the Trial Court.

(3.) According to the plaintiff, the defendant offered to sell the suit property and he agreed to purchase the same for a sum of Rs.2,70,000.00, pursuant to the agreement dtd. 16/11/2005. The plaintiff entered into a sale agreement for purchasing the suit property for a total sale consideration of Rs.2,70,000.00 and on that date itself, the plaintiff has paid an advance of Rs.2,50,000.00. It was further agreed that the defendant shall execute the sale deed in favour of the plaintiff after receiving the balance consideration of Rs.20,000.00 within seven months from the date of agreement.