RAVI Vs. APPADURAI GOUNDER

JUDGEMENT

(1.) THE plaintiff in O.S. No. 890 of 2004 on the file of the learned Additional District Munsif, Vellore is the appellant herein. The respondent is the defendant in the suit. The said suit was filed for specific performance of contract of sale agreement dated 16.09.1998. The suit was dismissed by the trial Court by decree and judgment dated 08.08.2012. Challenging the same, the plaintiff filed an appeal in A.S. No. 37/2013 on the file of the learned Subordinate Judge, Vellore. By decree and judgment dated 28.11.2014, the First Appellate Court dismissed the appeal thereby confirming the decree and judgment of the trial Court. Challenging the same, the appellant is before this court with this second appeal.

(2.) THIS second appeal has come up today for admission. I have heard the learned counsel for the appellant and I have also perused the records carefully.

(3.) THE defendant admitted the sale agreement dated 16.09.1998 and payment of Rs. 27,000/ - as advance made by the plaintiff to him. But, the defendant has disputed the payment of balance sale consideration of Rs. 39,000/ - which, according to the plaintiff was paid on 11.02.2000. It is also stated by the defendant that the time is essence of contract. The defendant has further contended that on compulsion and by force, the defendant was taken to the Police Station and the endorsement on the backside of the sale agreement was obtained by the plaintiff. Thus, according to the defendant, the plaintiff is not entitled for the relief as prayed for.