K. JOHNSON DAVID Vs. A. KANDASAMY

JUDGEMENT

(1.) The plaintiff in O.S. No. 3 of 2008 on the file of the learned Additional District Court (Fast Track Court No. I) Thoothukudi is the appellant in the above appeal. The appellant/plaintiff filed the suit in O.S. No. 3 of 2008 for specific performance in respect of the sale agreement dated 09.02.2007 directing the respondent/ defendant to execute a sale deed in favour of the appellant/plaintiff with respect to the plaint schedule property after receiving the balance sale consideration of Rs. 10,90,000.00 (Rupees ten lakhs and ninety thousand only) within the time stipulated by the Court and in default the sale deed may be executed by this Court on behalf of the respondent/defendant and at the cost of the appellant/plaintiff. The said suit was dismissed by the Trial Court vide judgment and decree dated 02.09.2010. Being aggrieved by the judgment and decree of the Trial Court, the appellant/plaintiff has filed the above appeal.

(2.) The case of the appellant/plaintiff is as follows:

(3.) On 26.07.2007, the appellant/plaintiff paid as sum of Rs. 4,00,000.00