RAJAMMAL Vs. A.P.MANI

JUDGEMENT

(1.) The appellant is the defendant in a suit for specific performance of an agreement of sale.

(2.) The case of the plaintiff is as follows: The suit property belongs to the defendant. The defendant had obtained loan for her family expenses and in order to repay the said loan, she decided to sell the properties in favour of the plaintiff. Accordingly, the defendant executed an agreement of sale dated 06.08.2009 by fixing the total sale consideration as Rs.2,00,000.00. On the same day, the plaintiff paid a sum of Rs.1,50,000.00 as advance. For payment of the balance sum, nine months time was agreed between the parties. When the plaintiff was ready and willing to perform his part of the contract, the defendant has not come forward to execute the sale deed by receiving the balance sale consideration. The pre-suit notice issued to the defendant on 09.04.2010 was returned as unclaimed.

(3.) The case of the defendant is as follows: She borrowed a sum of Rs.1,50,000.00 as a loan from the plaintiff on 06.08.2009 to meet the medical expenses of her son, who was critically ill at that time. She agreed to repay the loan within nine months with interest. In order to secure the repayment of the loan, the plaintiff demanded and obtained the suit sale agreement from the defendant. In the first week of May 2010, she approach the plaintiff for repaying the entire loan amount and consequently for cancelling the sale agreement. The plaintiff refused to receive the loan amount and on the other hand, demanded execution of the sale deed. Even after compromise talk in the presence of village elders, the plaintiff refused to cancel the sale agreement. On 06.05.2010, the defendant issued a legal notice to the plaintiff seeking for cancellation of the agreement. The suit property is valuable to the tune of Rs.10 lakhs. The defendant is ready to repay the entire loan amount with interest.