C.GUNASEKARAN Vs. P.PARVATHY

JUDGEMENT

(1.) The appeal is directed against the judgment and decree passed by the trial Court in O.S.No.455 of 2021 dtd. 15/9/2022, the relief of specific performance was rejected, but the alternate relief of refund of the advance amount of Rs.10,00,000.00 was granted along with interest at the rate of 12% per annum from the date of the sale agreement (8/1/2019) till the date of the decree and thereafter at the rate of 6% per annum on the advance amount till the date of realisation.

(2.) The suit was laid on the premise that one Perumal, the owner of the suit schedule property, along with his son Balaraman, agreed to sell the said property to the plaintiff, Gunasekaran, through the sale agreement dtd. 8/1/2019. They jointly executed the sale agreement, received an advance amount of Rs.10,00,000.00 and agreed to receive the balance sale consideration of Rs.2,00,000.00 and execute the sale deed. The time fixed for performance of the contract was three years.

(3.) The plaintiff had demanded Perumal to receive the balance sale consideration of Rs.2,00,000.00 and complete the sale transaction. The plaintiff had always been ready and willing to pay the balance amount, but due to illness, Perumal died on 20/2/2021, the defendants who are the wife and children of Perumal were requested to honour the agreement but they failed to perform their part of the contract. The plaintiff hence issued a legal notice on 2/7/2021, calling upon the defendants to perform their contract. The defendants received the notice and issued reply dtd. 6/7/2021 with false allegations. In their reply, the defendants referred about an earlier agreement with Perumal and claimed that the agreement was barred by limitation. The agreement dtd. 8/1/2019 alleged t have been executed by Perumal was false and fictitious document created by the plaintiff. Since, there was a typographical error in the notice regarding the date of the agreement, fresh legal notice was sent by the plaintiff on 14/9/2021, containing correct date and facts. The learned counsel for the defendants received the notice on 20/9/2021. At the time of execution of the agreement on 8/1/2019, Perumal had handed over the original sale deed dtd. 22/1/2015 to the plaintiff.