KAMALA Vs. AYYASAMY

JUDGEMENT

(1.) Feeling aggrieved by the Judgment and Decree dated December 12, 2018 passed in O.S. No.20 of 2017 by the 'IV Additional District and Sessions Court, Bhavani' ['Trial Court' for brevity], the defendant therein has filed this Appeal Suit under Sec. 96 read with Order XLI Rules 1 and 2 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 Suit Properties together form a house site of a total extent of 1183 sq. ft., and absolutely belongs to defendant. On January 29, 2014, vide registered Sale Agreement dated January 29 2014, the defendant agreed to sell the Suit Properties to the plaintiff for a sale consideration of Rs.15,00,000.00 (Rupees Fifteen Lakhs only), and on the same day itself, the defendant received a sum of Rs.10,00,000.00 (Rupees Ten Lakhs only) as advance. As per the terms of Sale Agreement, plaintiff has to pay the balance sale consideration within four years from the date of execution of Sale Agreement and get the Sale Deed executed in his favour by the defendant. The time for specific performance was not considered as the essence of contract.