DANIEL Vs. K. S. K. BALAMURUGAN

JUDGEMENT

(1.) Challenge has been made to the decree and judgment of the trial Court decreeing the suit for alternative relief and directing the appellant to pay a sum of Rs.14.00 lakhs with interest at the rate of 9% per annum from the date suit till the date of decree and thereafter at the rate of 6% per annum till the date of realization, in the present appeal.

(2.) The parties are arrayed as per their own ranking before the trial Court.

(3.) The suit has been filed by the respondent for specific performance of the agreement dtd. 13/8/2011. It is the case of the plaintiff that the first defendant, namely the appellant has agreed to sell the suit property for a total sale consideration of Rs.90,10,000.00 and received a sum of Rs.10.00 lakhs as an advance on the date of the agreement. It is agreed between the parties that the sale shall be completed before 10/11/2012. It is also agreed between the parties, that the first defendant has to measure property and execute the sale. The plaintiff was always ready and willing to perform his part of the contract and he was also given possession of the property. The plaintiff is ready with Rs.80,10,000.00 and requested the first defendant to execute the sale deed on 3/11/2012. However, the first defendant sought time to execute the sale deed and received a sum of Rs.2.00 lakhs. Thereafter, on 8/6/2015, he received another Rs.4.00 lakhs and made an endorsement on the back of the agreement. As the first defendant had failed to come forward to execute the document, the suit has been filed for specific performance.