K. GANESAN Vs. S. SELVI

JUDGEMENT

(1.) Feeling aggrieved by the Judgment and Decree dated March 28, 2017 passed in O.S.No.221 of 2014 by the 'Second Additional District Court, Erode' ['Trial Court' for brevity], the plaintiff therein has filed this Appeal Suit under Sec. 96 read with Order XLI Rule 1 of 'the Code of Civil Procedure, 1908' ['CPC' for short].

(2.) For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.

(3.) The case of the plaintiff is that the defendant is the owner of the suit property by virtue of Sale Deed dated June 10, 2002. The defendant offered to sell the suit property to the plaintiff for a sum of Rs.15,00,000.00and the plaintiff agreed. A registered Sale Agreement dated July 2, 2014 was entered between them and on the same date, an advance of Rs.10,00,000.00 was paid by the plaintiff to the defendant as a part of the sale consideration under the Sale Agreement. As per the terms of the Sale Agreement, the plaintiff has to pay the balance sale consideration before January 31, 2015 and upon such payment, the defendant has to execute the Sale Deed free from encumbrances.