KANNAN Vs. SRIDHARAN

JUDGEMENT

(1.) This appeal suit has been directed against the judgment and decree dated 11.4.2012, passed in O.S.No.3 of 2011, by the Additional District Court/Fast Track Court No.3, Kallakurichi.

(2.) The appellant herein, as plaintiff, has filed O.S.No.3 of 2011 on the file of the trial court, praying to pass a decree of specific performance in pursuance of the sale agreement dated 14.2.2009, wherein the present respondent has been shown as sole defendant.

(3.) The material averments made in the plaint are that both the plaintiff and defendant are known to each other for a long time. The suit properties are situate in Chinna Salem, Kallakurichi Taluk. The suit properties are the absolute properties of the defendant. Since the defendant along with his family members is living in Kerala, he executed a general Power of Attorney in favour of one Gururaj, son of the plaintiff. The suit first item is in a dilapidated condition and it requires lot of expenses. Under such circumstances, a rental agreement dated 24.9.2008 has been executed in favour of the plaintiff. The plaintiff has advanced an amount of Rs.9 Lakhs in pursuance of the rental agreement. The defendant has expressed his desire to sell the suit properties in favour of the plaintiff. The sale consideration has been fixed at Rs.1,10,00,000/- and accordingly, the suit sale agreement has come into existence and on 14.2.2009, on the date of its execution, a sum of Rs.10,00,000/- has been received by the defendant. The sale agreement has also been attested by the wife of the defendant. The sale agreement contains general clauses. On 22.9.2009, the plaintiff has paid a sum of Rs.27 Lakhs to the defendant. Again, on the same day, the defendant has received a further sum of Rs.1 Lakh from the plaintiff. The defendant has also received a sum of Rs.5 Lakhs on 27.11.2009. In aggregation, the defendant has received Rs.43 Lakhs. The balance amount payable is Rs.67 Lakhs. The plaintiff has contacted the defendant on several times to receive balance of sale consideration and also to execute a registered sale deed in his favour. The defendant has postponed the same. After some time, the defendant has intimated to the plaintiff that there is higher offer from a third party to purchase the suit properties. The defendant has also quoted higher price than what he has agreed to sell to the plaintiff. Now the defendant has been making arrangements to sell the suit properties for a higher price. The plaintiff has always been ready and willing to perform his part of contract. After institution of suit, the defendant has received a sum of Rs.5 Lakhs on 27.1.2010 and Rs.12 Lakhs on 14.4.2010 and therefore, the balance amount is only of Rs.50,000/-. Under the said circumstances, the present suit has been instituted for the relief sought therein.