R. VELUSAMY Vs. THAAYAARAMMAL

JUDGEMENT

(1.) The appellant is the plaintiff in the suit in O.S. No. 70 of 2011, whereas the respondent is the defendant and as such the character of the parties to the suit need not be changed and they may be referred as it is in the suit wherever the context so require. Heard Mr. R. Subramanian, learned counsel appearing for the appellant and M/s. P.T. Asha, learned counsel appearing on behalf of M/s. Sarvabhauman Associates, who is the counsel on record for the respondent.

(2.) The plaintiff and the defendant had entered into an agreement of sale, dated 12.1.2010 and thereby the defendant had agreed to sell her property measuring 5.258 cents, which is described in the plaint schedule with specific boundaries on all four sides.

(3.) The sale consideration was fixed at Rs. 3,30,000/- per cent and at the time of agreement of sale, i.e., on 12.1.2010, a sum of Rs. 2.00 lakhs was paid by the plaintiff to the defendant towards advance and it was also agreed by the plaintiff to pay the remaining balance of sale consideration within a period of one month to get the sale deed executed in his favour or in favour of his nominee or assignee at his cost.