NAGARATHINAM Vs. S.JAYA

JUDGEMENT

(1.) The defendant who suffered a decree for Specific Performance in O.S.No.643 of 2004 on the file of the Additional District Court, Coimbatore is the appellant. The suit was filed originally as O.S.No.946 of 1997 on the file of the Sub Court Coimbatore was subsequently transferred to the Additional District Court and re-numbered as above.

(2.) The case of the plaintiff is that the defendant had entered into an agreement of sale on 16.07.1997. Under the said agreement, the defendant had agreed to sell the suit property for a total consideration of Rs.5,40,000/- (Five Lakhs forty thousand only) and an advance of Rs.2,00,000/- (Rupees Two lakhs only) was paid on the date of the execution of the agreement. A period of three months was fixed for performance of the contract. The defendant did not come forward to execute the sale deed. The plaintiff came to know that a money claim was pending and that there was an attachment before the judgment over the suit property in the suit relating to the money claim. The plaintiff had issued a legal notice seeking Specific Performance on 27.09.1997 which was replied to with false averments on 01.10.1997. The suit came to be filed on 15.10.1997 seeking Specific Performance.

(3.) The defendant resisted the suit contending as follows:-