D. JOHN ROBERT Vs. P. RATHINAM

JUDGEMENT

(1.) The unsuccessful Plaintiff in O.S. No. 47 of 2016 on the file of the Principal District Judge, Krishnagiri is the appellant in this appeal. He has filed the aforesaid suit for specific performance of the agreement of sale dated 03.04.2013, which he entered into with the defendant and for consequential relief of permanent injunction, and in the alternative, he prayed for a direction to the defendant to repay the sum of Rs. 27,10,000.00 which he paid as advance sale consideration. The trial Court dismissed the suit against which the present appeal is filed.

(2.) The Plaintiff has filed the suit in O.S. No. 47 of 2016 for the following relief:-

(3.) As per the plaint averments, the defendant, along with one S. Selvam approached the plaintiff to sell the property comprised in Survey No.7/6 measuring 5920 square feet with specific boundaries located at Painapally Village, Krishnagiri Taluk. According to the plaintiff, it was represented by the defendant that the property belongs to one Mrs. Yasodha, Wife of Rajagopal and he was appointed by the said Yasodha as her lawful power of attorney agent by means of a registered general power of attorney deed dated 06.11.2006 registered as document No. 682 of 2006 in Book IV and therefore, he is competent and is empowered to execute the sale deed in his favour. In order to substantiate the said statement, during the first week of March 2013, the defendant furnished copies of the title deeds and the general power of attorney deed relating to the said property after receiving a token amount of Rs. 10,000.00 in cash. After a fortnight, the defendant along with the said S. Selvam met the plaintiff and negotiated the sale price for the property in question in the presence of the plaintiff's cousin Mr. J. Anna Andrews. After deliberations, the sale price for the property was fixed at Rs. 500.00 per square feet which was also mutually agreed by the plaintiff and defendant. It is the further case of the plaintiff that as the defendant was in urgent need of money, he requested the plaintiff to pay a sum of Rs. 11,00,000.00 as advance. Having regard to such request made, the plaintiff paid the sum of Rs. 11,00,000.00 by means of a cheque No.730371 drawn on ICICI Bank, Hosur Branch in favour of the defendant. While handing over the cheque to the defendant, the plaintiff made a request to execute an agreement of sale, but the defendant has stated that he is in a great hurry and informed the plaintiff that the sale deed itself would be executed shortly and there is no need to execute an agreement of sale. The Plaintiff was also rest contended with such statement made by the defendant and did not insist for an agreement of sale to be executed.