PARVATHI Vs. GOWRI MEENA

JUDGEMENT

(1.) This appeal suit had been filed by the Defendant in OS.No.15 of 2006, who suffered a judgement and decree against her.

(2.) The above suit had been filed by the Respondent herein, seeking specific performance of the agreement of sale dated 16.6.2005 on payment of balance sale consideration of Rs.50,000.00 and for permanent injunction, restraining the Defendant, who is the Appellant herein, from dealing with the property.

(3.) It is the case of the Plaintiff that the Defendant was the owner of the vacant land, having purchased the same on 6.4.1998 at Natham Town. The land was purchased by obtaining loan from the Cooperative Society and a house was also constructed. It was stated that the Plaintiff and the Defendant had entered into an agreement of sale dated 16.6.2005 for a total consideration of Rs.5 lakhs and an advance of Rs.4,50,000.00 was also paid. It was further mentioned in the agreement of sale that the balance of Rs.50,000.00 should be paid by the Plaintiff on or before 15.2.2006 and on such payment, the Defendant should execute the sale deed in favour of the Plaintiff. It was further provided in the agreement that the Plaintiff is entitled to seek specific performance of the same. It had been specifically pleaded that the Plaintiff was always ready and willing to perform her part of the agreement of sale. She had sent a notice on 2.2.2006, seeking specific performance. A reply was sent, stating that the agreement of sale had been created by the Plaintiff. It had been further stated that the Defendant was attempting to deal with the property and consequently, the suit had been filed as stated above, seeking specific performance on payment of balance sale consideration of Rs.50,000.00.