N B NAMAZI Vs. CENTRAL CHINMAYA MISSION TRUST

JUDGEMENT

(1.) This appeal arises out of the judgement and decree of our learned brother, Singaravelu, J. rendered in C.S. No. 1981. Aggrieved by the same, the defendant has preferred this appeal.

(2.) The facts of the case are briefly as follows :- The suit property is No. 49 Harrington Road, Chetput, Madras-31. It is of an extent of 12 grounds and 974 sq. ft. It belongs to the defendant. The plaintiff herein is the Charitable Trust known as Central Chinmaya Mission Trust, which runs a school with about 1050 students on rolls.

(3.) Originally, the plaintiff had taken the property from the defendant on lease from 1-5-1978, on payment of Rs. 750 per flat per month and later on an enhanced rent of Rs. 1500 per month for the entire property. Therefore, on and from that date the plaintiff was inducted into possession. While the matter stood thus, under Ex. P.1, dt. 1-6-1974, the agreement of sale, was entered into between the parties. The term of the agreement inter alia provided that the defendant should sell the property to the plaintiff trust for a consideration of Rs. 3,20,000, free from all encumbrances. Advance of Rs. 50.000 was paid on the date of the agreement and the balance of sale consideration of Rs. 2,70,000 was agreed to be paid at the time of completion of sale deed.