K.KANDASAMY Vs. P.NATARAJAN

JUDGEMENT

(1.) This Second Appeal is directed against the judgment and decree dtd. 19/10/2012 in A.S. No. 22 of 2009 on the file of the Principal Subordinate Judge, Tiruppur, whereby the judgment and decree dtd. 12/3/2008 in O.S. No. 432 of 2005 passed by the District Munsif Court, Tiruppur, were confirmed.

(2.) For the sake of convenience, the parties are referred to according to their respective rankings in the plaint.

(3.) Brief facts of the plaintiff's case: The first defendant was the owner of the suit schedule property. On 17/8/1997, the plaintiff entered into an agreement of sale with the first defendant for a total sale consideration of Rs.60,000.00, under which a sum of Rs.30,000.00 was paid as advance. The time stipulated for completion of the sale was three years. Subsequently, on 10/8/2000, the plaintiff paid a further sum of Rs.10,000.00 as additional advance and the period for performance was extended by another three years. Thereafter, on 6/1/2003, the plaintiff paid an additional sum of Rs.10,000.00 and the period of the agreement was again extended for a further period of three years.