SEBASTIAN Vs. KATTARI

JUDGEMENT

(1.) Feeling aggrieved by the Judgment and Decree dated January 3, 2017 passed in O.S. No.11 of 2014 by 'the Principal District Court, Thiruvarur' ['Trial Court' for brevity], the defendant therein has filed this Appeal Suit under Sec. 96 read with Order XLI Rule 1 of 'the Code of Civil Procedure, 1908' ['CPC' for short].

(2.) For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.

(3.) The Suit Properties belong to the defendant. He had purchased the Suit Properties on different dates from different owners through Registered Sale Deeds in Documents Nos.342 of 2007, 345 of 2007, 430 of 2007, 547 of 2007 and 3461 of 2007. The defendant offered to sell the Suit Properties to the plaintiff. On December 20, 2010, the sale price was fixed as Rs.13,00,000.00(Rupees Thirteen Lakhs only) and on the same day the defendant had received Rs.4,00,000.00 (Rupees Four Lacs only) from the plaintiff as advance and executed an un-registered Sale Agreement. As per the terms of Sale Agreement, the plaintiff has to pay Rs.3,00,000.00 (Rupees Three Lakhs only) on or before April 30, 2011 to the defendant and further, the plaintiff shall pay the balance sale price of Rs.6,00,000.00 on or before April 30, 2012. The plaintiff was always ready and willing to pay the balance sale price and perform his part of contract. Several times, the plaintiff called upon the defendant to execute Sale Deed. But the defendant failed to do so. Time was not the essence of the contract. From the date of Sale Agreement, the plaintiff has been in possession and enjoyment of the Suit Properties.