M. DHANASEKARAN Vs. S. KRISHNAN

JUDGEMENT

(1.) The unsuccessful plaintiff in O.S.No.13661/10 is the Appellant. The said suit was originally filed in this Court as C.S. No.1007/2007 and the same was later transferred to the trial Court namely the Additional District Judge, Fast Track Court - V, Chennai.

(2.) The suit was filed seeking a declaration and to set aside the sale deed dated 06.08.2007, alleged to have been executed by the plaintiff in favour of the first defendant and registered as Document No.2849/2007, on the file of the third respondent, Sub Registrar, Anna Nagar and for permanent injunction restraining defendants 1 and 2 from interfering with the peaceful possession of the plaintiff over the suit property.

(3.) According to the plaintiff, the suit property belongs to him, having been assigned to him by the Tamil Nadu Slum Clearance Board. The said title is not in dispute. The plaintiff had entered into an agreement of sale with the first defendant on 22.04.2006, agreeing to sell the suit property for a consideration of Rs. 14,50,000/- and received advance of Rs. 4,50,000/-. Under the said agreement, the first defendant has agreed to pay the balance sale consideration, within a period of three months from the date of sale. Though the plaintiff was ready and willing to perform his part of the contract, the first defendant was not ready and willing to pay the balance amount. Hence, the plaintiff informed the first defendant to take back the advance amount. However, the first defendant did not turn up.