A YAOSTHA Vs. K ARUMUGHAM

JUDGEMENT

(1.) The defendant in the suit for specific performance, aggrieved by the unanimous decisions of the Courts below, has preferred the above second appeal.

(2.) The plaintiff, admitting the ownership of the defendant, had entered into an agreement on 15.04.1998 for sale of the suit property for a total consideration of Rs.2,10,000/- (Rupees two lakhs and ten thousand only) and an advance of Rs.2,00,000/- (Rupees two lakhs only) was paid on the same date. The balance consideration of Rs.10,000/- (Rupees ten thousand only) was to be paid within an year and complete the sale. The defendant also agreed to handover the original sale deed and possession of the property. Despite the plaintiff being ready and willing to perform his part of the contract, the defendant was not extending his co-operation. Hence, after issuing the suit notice, the suit was filed.

(3.) Denying the averments giving rise to the cause of action to the suit, the defendant had stated that the plaintiff is a moneylender and she only borrowed a sum of Rs.1,00,000/-, as hand loan from him. At the instance of the plaintiff, the loan was secured by creating a mortgage over the property and accordingly, title deeds were also handed over to the plaintiff. It is the next contention of the defendant that she, being a Malayalee, not very well acquainted with the Tamil language and taking advantage of the same, the plaintiff has brought out the sale agreement, which was intended to be only a mortgage deed.