K ASOKAN Vs. AMBI

JUDGEMENT

(1.) The plaintiff, who lost the legal battle before the Court below, has come forward with this Appeal challenging the Judgment and Decree dated 05.03.2010 passed in O.S.No.112 of 2004, on the file of the Principal District Court, Pudukottai.

(2.) Heard the learned counsel for the appellants and the learned Counsel for the respondents and perused the materials available on record.

(3.) The appellants as plaintiffs filed a suit in O.S.No.112 of 2004 stating that the properties are belonging to the second defendant/ second respondent and the first defendant/first respondent entered into a sale agreement with the second defendant/second respondent. On 09.12.2000, a sale agreement between the first defendant/first respondent and the plaintiffs had taken place and one kuzhi is estimated at Rs.19,250/- and a sum of Rs.3,00,000/- has been paid as advance. In that, it was specifically mentioned that whenever the properties have been been plotted out and whenever they sold the properties, the sale proceeds has to be given to the first defendant/first respondent and in turn, he will bring the second defendant and register the sale deed. In that also, one of the conditions is that the first defendant/first respondent has to settle all the tenants problem in the properties. Further it was stated that the properties have to be measured and on that basis, the sale consideration has to be fixed. The first defendant/first respondent has not complied with the conditions. When it was questioned, he has immediately given notice. The first defendant/first respondent received a sum of Rs.7,50,000/- on several dates. Since he has not performed his part of contract, the appellants/plaintiffs are entitled to recover the amount with interest at the rate of 18% p.a. Even though, the first defendant/first respondent has issued notice, that has been properly replied. For their reply, a rejoinder has also been given. Hence, the plaintiffs are constrained to file a suit for recovery of all the amount paid as advance with interest.