K KANDASAMY Vs. R SHANKAR

JUDGEMENT

(1.) This first appeal has been preferred against decree and judgment passed in O.S.No.53/2004 dated 27.04.2004 on the file of the District Court, Karur.

(2.) For the sake of convenience both the parties will be referred to as they were before the trial court.

(3.) The brief facts of the plaintiff's case is that the suit property belonged to the defendants and they agreed to sell the property to the plaintiff at the rate of Rs.22,500/- per cent and they also executed a sale agreement on 12.03.1996. The advance amount of Rs.5,25,000/- was received by the defendant from the plaintiff. The time stipulated in the sale agreement is that from the date of sale agreement the sale deed has to be executed within nine months. As per the agreement the defendant have not entrusted the parent document of the suit property and also they have not taken any steps to measure the suit property. The plaintiff is also readily willing to pay the balance amount of the sale proceedings and also for execution of the sale deed whereas the defendants are prolonging the matter and they are not coming forward to execute the sale deed. Hence, the plaintiff has preferred suit and he has also sought for interest for the said advance amount paid by him. The plaintiff has also issued a legal notice, even after that, the defendants have not returned the advance amount.