A.P. SUBRAMANIAN Vs. THIRU. R. SIVASAMY

JUDGEMENT

(1.) It is a long journey between human being and being human. Let us travel at least one step daily to cover the distance.

(2.) On 28.04.2005, the first defendant, R.Sivasamy, the owner of the property executed a sale agreement in favour of the plaintiff, A.P.Subramaniam, for a total sale consideration of Rs.7,50,000.00 in S.F.No.58, Patta No.17 of Chinaripalayam Village, an extent of 3.75 acres, out of a total extent of 7.50 acres of punja. An advance amount of Rs.1,00,000.00 had been paid under the said sale agreement and the last date for payment of balance sale consideration of Rs.6,50,000.00 was fixed as 15.07.2005. Since the first defendant mortgaged the suit property and other properties to the second defendant/Bank, on 03.04.2006, a legal notice was issued by the plaintiff, A.P.Subramaniam, to the first defendant, R.Sivasamy and the second defendant/Bank, stating that the first defendant had to clear the encumbrance existed in favour of the second defendant/Bank.

(3.) That the plaintiff is hereby directed to pay a sum of Rs.4,75,000.00 to the first defendant, within two months from today, as per the compromise memo, dated 10.08.2007.