E A THIRUGNANAM Vs. V P RAJAGOPAL

JUDGEMENT

(1.) THE defendant in O.S. No. 474 of 1988 on the file of the Sub-Court, Erode, being aggrieved by the judgment and decree dated 8.11.1991 passed therein has filed the above appeal.

(2.) FOR the sake of convenience, the parties are referred to as per their ranking in the suit.

(3.) THE suit was contested by the defendant by filing a detailed written statement. In the written statement, defendant admitted the execution of the sale agreement; the receipt of advance of Rs.20,000 and the period fixed for completion of the sale. But the defendant denied the allegation that he is heavily indebted to third parties and he also denied the allegation that he had borrowed amounts from his brother and executed promissory notes. THE defendant specifically took up a defence that there is enmity between him and his brother and therefore his brother has set up the plaintiff to file this vexatious suit. THE defendant also has specifically stated that there is absolutely no impediment for executing the sale deed. THE defendant further stated that he can execute the sale deed free of all encumbrances and convey a clear title. He also pleaded that so far no creditor has taken any action, as apprehended by the plaintiff.