N RAMADOSS Vs. S RAMALINGAM

JUDGEMENT

(1.) Challenge in this Appeal Suit is to the judgment and decree dated 15.12.2016, passed in Original Suit No.1 of 2011 by the District and Sessions Court, Tiruvarur.

(2.) The appellant herein, as plaintiff, has instituted Original Suit No.1 of 2011 on the file of the trial Court, praying to pass a decree of specific performance, in pursuance of sale agreement, dated 24.10.2008, wherein, the present respondent has been shown as sole defendant.

(3.) The material averments made in the plaint are that the suit property is the absolute property of the defendant. The defendant has agreed to sell the same for a sum of Rs.19,00,000/- in favour of the plaintiff and to that extent, the suit sale agreement has come into existence on 24.10.2008. On the date of its execution, the plaintiff has paid a sum of Rs.18,00,000/-. Further, it is agreed that the plaintiff has to pay the remaining sum of Rs.1,00,000/- within a period of six months and after receipt of the same, the defendant has to execute a sale deed in favour of the plaintiff. Despite of repeated demands made by the plaintiff, the defendant has not come forward to execute a registered sale deed in favour of the plaintiff. Under the said circumstances, a legal notice has been issued on 04.04.2010 and even after receipt of the same, the defendant has not come forward to execute a registered sale deed and therefore, the present suit has been instituted for getting the relief sought therein.