K. PRABAKARAN Vs. S. BOOPATHI

JUDGEMENT

(1.) This Second Appeal is directed by the First Defendant in the Original Suit, who was unsuccessful before the Trial Court as well as the First Appellate Court. Challenge is to the Judgment and Decree, dated July 16, 2018, passed in A.S. No.27 of 2016 by the 'Principal District Court, Vellore' (henceforth 'First Appellate Court'), confirming the Judgment and Decree, dated February 16, 2016 passed in O.S. No.117 of 2006 by the 'Subordinate Court, Vellore' (henceforth 'Trial Court').

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

(3.) The Suit Property absolutely belongs to the First Defendant, whose sister is the Second Defendant. The First Defendant and the Plaintiff entered into Sale Agreement, dated May 26, 2006, whereby the Plaintiff agreed to purchase the Suit Property for a sum of Rs.4,75,000,.00 of which, Rs.75,000.00 was paid upfront as advance. As per the Sale Agreement, the First Defendant had to execute Sale Deed on or before August 25, 2006 upon receiving the balance Sale consideration.