RAGHAVAN Vs. VELLAIAMMAL

JUDGEMENT

(1.) Second Appeal is filed against the judgment and decree dated 05.10.2017 made in A.S.No.21 of 2009 on the file of the Sub Court, Kallakurichi, confirming the judgment and decree dated 18.07.2006 made in O.S.No.38 of 2005 on the file of the Principal District Munsif, Kallakurichi.

(2.) The appellant is defendant and respondent is the plaintiff in O.S.No.38 of 2005 on the file of the Principal District Munsif, Kallakurichi. The respondent filed the said suit for specific performance of agreement of sale dated 21.05.2004. The said suit was decreed and First Appeal, A.S.No.21 of 2009 filed by the appellant on the file of Sub Court, Kallakurichi was dismissed. Against the said concurrent findings of the Courts below, the appellant has come out with the present Second Appeal.

(3.) According to the respondent, she and appellant entered into an agreement of sale on 21.05.2004, whereby the appellant agreed to sell the suit property for a total sale consideration of Rs.50,000/-. The respondent paid a sum of Rs.42,000/- on the date of agreement as advance. The time for completion of transaction was fixed as six months, within which time the appellant has to receive the balance sale consideration of Rs.8,000/- and execute the sale deed in favour of the respondent. The respondent even before expiry of time, approached the appellant, requesting him to receive the balance sale consideration and execute the sale deed in her favour. The appellant refused to receive the sale consideration and was evading to fulfil his part of contract. The respondent issued notice dated 09.11.2004. The appellant received the said notice and did not send any reply. The respondent was always ready and willing to perform her part of contract. The appellant was evading to fulfil his part of the contract hence the respondent has filed the suit.