RAVINDRAN Vs. DANTON SHANMUGAM

JUDGEMENT

(1.) The plaintiff whose suit for specific performance or in the alternative for refund of advance was decreed for the alternative relief, is the appellant. Specific performance of the agreement of sale dated 24/09/2007 was sought for by the plaintiff.

(2.) According to the plaintiff the 1st defendant agreed to sell an extent of 42 Ares 35 centiares equivalent to 316 kuzhies and 21/64 veesams at the rate of Rs. 3,550.00 per kuzhie. The said agreement was reduced to writing. The plaintiff had paid an advance of Rs. 5 lakhs on the date of the agreement out of the total consideration of Rs.11,22,965.00. A period of 15 days was fixed for performance of the agreement. According to the plaintiff, as per the agreement, the original sale deed is to be produced by the defendant before execution of the sale deed.

(3.) The defendant had purchased the suit property under the sale deed dated 28/08/2000. As opposed to the recitals in the sale agreement, in the sale deed it was found that the suit property namely, an extent of 42 Ares and 35 centiares having in O.S.No:359/6B is actually covered by two resurvey numbers namely R.S.No:301/1 and 300/1B1. The sale deed dated 28.08.2000 under which the 1st defendant had purchased the suit property refers only to R.S.301/1. The extent of property in survey number 301/1 was only 15 Ares. At the request of the plaintiff, the defendant had agreed to get the sale deed dated 28/08/2000 rectified.