S.SAROJINI Vs. P.MARIAPPAN

JUDGEMENT

(1.) Tr.CS.279 of 2011 had been filed to pass a judgement and decree against the Defendant:-

(2.) C.S.No.329 of 2010 had been filed to pass a judgement and decree against the Defendants :-

(3.) Plaint in Tr.CS.No.279 of 2011 :- It had been stated that the Defendant was the owner of the Flat, bearing Door No.11/F5, Anupam Foundations, New No.9, Old No.5/2, Ramapuram, Ramasamy Street, Saidapet, Chennai-15 in the first floor of the apartment building. The flat has an extent of 652 sq.ft. The Defendant is also the owner of the undivided interest of 16.5% in the common space appurtenant to the said apartment building. It had been further stated that the Plaintiff and the Defendant had entered into an agreement dated 16.5.2006, wherein the Defendant had agreed to sell the suit property for a sale consideration of Rs.9,10,000.00 and received a sum of Rs.1,50,000.00 as advance sale consideration. As on the date of the sale agreement, the Defendant had bank loan with the Indian Overseas Bank with respect to the suit property, which amounted to Rs.4,50,000.00. It had been agreed that the Plaintiff has to settle the bank loan. The husband of the Defendant had stated that he would try to negotiate with the bank for a lesser amount. However, he could not do so within the period of three months from the date of the sale agreement. The Plaintiff, therefore, demanded execution of the sale deed.