PANNEERSELVAN R. Vs. A. BAYLIS

JUDGEMENT

(1.) THE appellant before this Court is the defendant in the Original Suit in O.S. No. 1956 of 184 before the Sub-Court, Madurai. The present L.P.A. is against the judgement and decree of the learned single Judge in A.S. No. 600 of 1987, confirming the judgement and decree passed in O.S. No. 156 of 1984 on the file of the Sub-Court, Madurai. The parties will be referred to as they are arrayed in the Original Suit.

(2.) THE plaintiff has filed the suit for specific performance of contract to execute the sale deed in respect of 1 acre 30 cents in R.S. No. 174/5 in Uthagudi Village in Madurai District or in the alternative, for recovery of a sum of Rs. 1,00,000/- with 18% interest from the defendant.

(3.) A written statement was filed by the defendant wherein it was categorically stated that he did not offer to sell 1 acre 30 cents from R.S. No. 174/5 or an equal extent of 1 acre 30 cents out of 4 acres 15 cents. The specific case of the defendant is that there was no agreement to sell a specified extent of land. In sum and substance, the contention of the defendant was that the so-called agreement was only in the draft stage which was corrected by the plaintiff and that a bare reading of the so-called agreement would disclose that the rate per cent was not decided and that it will have to be arrived subsequently and nowhere in the said draft agreement, an extent of 1 acre 30 cents was mentioned to be sold to the plaintiff. There was no consensus between the parties on the terms and conditions in the so-called agreement. The defendant would further go on to state that there was no date on the said agreement. It was contended by the defendant that in the subsequent negotiations between the parties which had happened on several dates in December 1983, the parties could not arrive at the value per cent or the extent and therefore, the matter was left at that.