M. RAJKUMAR Vs. S. EASWARAMOORTHY

JUDGEMENT

(1.) Challenge in this Appeal Suit is to the judgment and decree dated 21.10.2016, passed in O.S. No. 222 of 2013, by the Additional District Court, No. III, Dharapuram.

(2.) The first respondent herein, as plaintiff, has instituted O.S. No. 222 of 2013, on the file of the trial Court, praying to pass a decree of specific performance, in pursuance of the sale agreement dated 05.09.2012, or alternatively to pass a money decree to the tune of Rs. 45 lakhs with 12% interest, wherein, the present appellant has been arrayed as the first defendant.

(3.) The material averments made in the plaint are that the suit properties are the absolute properties of the first defendant. The second defendant has been appointed by the first defendant as his General Power of Attorney Agent, by virtue of Power Deed dated 30.03.2011. The second defendant has entered into a sale agreement in respect of suit properties with plaintiff on 05.09.2012. The total consideration has been fixed at Rs. 55 lakhs. The plaintiff has offered to pay a sum of Rs. 10 lakhs by way of an advance. But the second defendant, after having consultation with the first defendant, has demanded a sum of Rs. 45 lakhs, by way of an advance and accordingly, the plaintiff has given the same. It is agreed to execute a registered sale deed within a period of eleven months, after receipt of balance of sale consideration. The plaintiff has always been ready and willing to perform his part of the contract. The plaintiff has approached the defendants to execute a registered sale deed after receipt of balance of sale consideration, but they evaded. Under the said circumstances, a legal notice has been issued on 23.07.2013. After receipt of the same, the first defendant has given a false reply notice dated 29.07.2013. Under the said circumstances, the present suit has been instituted for the relief sought therein.