MOHAMED HAJA MOIDEEN Vs. LAKSHMINATHAN

JUDGEMENT

(1.) Feeling aggrieved by the Judgment and Decree dated August 13, 2018 passed in O.S. No.15 of 2014 by 'the District Court, Karaikal' ['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.) On December 17, 2013, the Defendant and the Plaintiff entered into an agreement for sale in respect of the Suit schedule mentioned property for a total sale consideration of Rs.22,00,000.00. It was agreed that the sale should be concluded within a period of three months from the date of agreement. It was further agreed that the Defendant shall produce the encumbrance certificate for 31 years, antecedent title deed, survey sketch, receipt for tax payment up to date, patta and also that the Suit Property be measured as per re-survey. On the date of agreement, the Defendant had received a sum of Rs.20,00,000.00 from the Plaintiff and the balance of Rs.2,00,000.00 was to be paid. All these were to be done within the period of three months.