THIRUMURUGA RAMALINGAM Vs. MOHAMED HANIFA

JUDGEMENT

(1.) THE second appeal is filed by the defendant in a suit for specific performance filed in O.S. No. 171 of 2002 on the file of Additional Sub Court, Cuddalore.

(2.) IN the plaint, the respondent / plaintiff alleged that the defendant offered to sell the suit property to him under an agreement of sale dated 16.12.1998 for a sale price of Rs. 1,20,000/ - and received a consideration of Rs. 10,000/ - as advance on the same day. The defendant agreed to execute the sale deed by receiving the balance sale consideration within three months. The plaintiff claimed that he was ready and willing to perform his part of contract as per the agreement. However, the defendant was evading the same. Nevertheless on 28.06.1999, the defendant received a sum of Rs. 40,000/ - towards the part of sale consideration. However, the defendant did not come forward to execute the sale deed. Hence the plaintiff issued a legal notice on 26.06.2002, calling upon the defendant to receive the sale price and execute the sale deed. The said notice was not received by the defendant. Hence, the present suit was filed by the plaintiff for specific performance.

(3.) ISSUES on the Judgment: