K.M. RAJU Vs. JAVED SAIT

JUDGEMENT

(1.) The defendant in O.S.No.3 of 2005 on the file of the District Court, Udhagamandalam, who has suffered a decree for specific performance is the appellant.

(2.) The case of the plaintiff is that the defendant agreed to sell 8 cents of land along with a residential building to the plaintiff for a total consideration of Rs.6,50,000.00 and the plaintiff having accepted the offer, entered into an registered sale agreement with the defendant on 29.4.2002. On the date of the agreement, he had paid an advance of Rs.6,00,000.00. The balance amount of Rs.50,000.00 was to be paid within a period of one year i.e. on or before 28.04.2003.

(3.) Since the defendant did come forward to execute the sale deed, the plaintiff had issued a legal notice on 21.3.2003 demanding execution of the sale deed. The defendant sent a reply on 28.03.2003 contending that the agreement dated 29.04.2002 is not an agreement of sale and it was executed only as a collateral security for the loan transaction. It was also claimed that the plaintiff is an agent of a Financier at Kothagiri and he has been arranging the hire purchase loans for vehicles. It is also the claim of the defendant that the said reply notice mentions the amount of Rs.6,00,000.00 which includes the amount payable to the financier and the plaintiff. The defendant would claim that since the plaintiff did not pay the financier as agreed to, he was forced to send the reply dated 28.3.2003. Thereafter, the plaintiff has laid the suit for specific performance on 7.1.2005.