B M DHANALAKSHMI Vs. K RAMAN

JUDGEMENT

(1.) Second Appeal is filed against the judgment and decree dated 07.12.2017 made in A.S.No.1 of 2015 on the file of the District Court, Nagapattinam, confirming the judgment and decree dated 31.10.2014 made in O.S.No.39 of 2012 on the file of the Principal Sub Court, Mayiladuthurai.

(2.) The appellant is defendant and respondent is plaintiff in O.S.No.39 of 2012 on the file of the Principal Sub Court, Mayiladuthurai. The respondent filed the said suit for specific performance of agreement of sale dated 01.10.2010, failing which, the Court to execute the sale deed in his favour or in alternate, direct the appellant to pay a sum of Rs.1,00,000/- together with interest at the rate of 12% per annum from the date of receipt of the said amount. According to the respondent, the appellant and respondent entered into an agreement of sale dated 01.10.2010 for sale of the suit property belonging to the appellant for a total sale consideration of Rs.1,05,000/-. The respondent paid a sum of Rs.90,000/- as advance on the same day. The balance amount of Rs.15,000/- is to be paid within 3 months by the respondent to get the sale deed executed in his favour. The appellant, on 17.12.2010, within 2 months of the agreement of sale received further sum of Rs.10,000/- for her urgent expenses and made an endorsement in the agreement of sale. The respondent offered to pay the balance sale consideration of Rs.5,000/- and called upon the appellant to execute the sale deed. The appellant informed the mediators that a lesser amount was fixed for sale consideration and demanded more amount than what was agreed upon. The appellant is not entitled to receive more amount after agreement of sale.

(3.) The respondent filed caveat in C.O.P.No.8 of 2012 on 05.01.2012 on the file of the District Munsif Court, Mayiladuthurai. After the said caveat petition, the appellant sent notice dated 11.01.2012 admitting the agreement of sale, receipt of Rs.1,00,000/- as advance and balance amount payable is only Rs.5,000/-. In the said notice, the appellant canceled the agreement of sale on the ground that the respondent did not pay the balance amount within the time limit and returned the sum of Rs.1,00,000/- by cheque to the respondent. The respondent sent a reply dated 12.01.2012 and returned the cheque sent by the appellant and informed that he is ready to complete his part of contract and demanded execution of sale deed. The appellant failed to receive the balance sale consideration, even though the respondent was ready and willing to perform his part of contract, as the appellant wanted more money for execution of sale deed. In such circumstances, the respondent filed the said suit for the above stated relief.