A ASWIN SOLOMON Vs. R KAVIRAJ

JUDGEMENT

(1.) This suit has been filed seeking the relief for specific performance of an agreement of sale dated 06.09.2007, entered into between plaintiff and the defendant and for a direction against the defendant to execute a sale deed in favour of the plaintiff in relation to the suit schedule property and to register the same, in the office of the Sub-Registrar having jurisdiction and for costs. The suit property is land and building at Door No.15, Vengupillai Street, Egmore, Chennai 600 008 measuring of about 1044 sq. ft. It is the case of the plaintiff that the defendant is the absolute owner of the suit property having acquired the same from his mother by settlement deed dated 06.09.2007 registered as document No.809/2007 on the file of the Sub-Registrar, Periyamet.

(2.) It had been stated, that pursuant to an offer of sale and acceptance to buy, the parties had entered into an agreement of sale deed dated 06.09.2007 in relation to the suit property. According to the agreement, the total sale consideration was fixed at Rs.36,50,000/- and an advance amount of Rs.6,50,000/- has to be paid. It was agreed, that the defendant shall demolish the building and the sale will be completed within 7 days from the completion of demolition. It had been stated that advance amount was paid by the plaintiff by Cheque No.930094 dated 06.09.2007 drawn on Standard Chartered bank for Rs.2,50,000/- and by cash of Rs.4,00,000/-. The plaintiff also applied for home loan before the LIC Housing Finance Ltd, based on the agreement of sale and the loan amount of Rs.18,35,000/- was sanctioned. The plaintiff sold another property belonging to his father at Kanchipuram Pachiyappa Mudali Street 3rd Lane, New Door No.3, Door No.1/1B, for Rs.7,00,000/- on 15.11.2007. It had been stated that the plaintiff was ready and willing to pay the balance sale consideration and purchase the house. However, the defendant did not take any steps. The plaintiff sent a notice dated 30.11.2007. The said notice was returned with an endorsement 'always absent'. However, another copy of the notice was sent through certified post.

(3.) The defendant sent a letter on 23.01.2008 to the plaintiff along with a demand draft for Rs.6,50,000/- informing that the agreement dated 23.08.2007 had lapsed. The plaintiff disputed this allegation. The plaintiff sent a rejoinder dated 26.01.2008 calling upon the defendant to complete the sale and informed him that the demand draft for Rs.6,50,000/- had been deposited in fixed deposit in Standard Chartered Bank. A telegram was also sent on 26.01.2008.