S MOHAMED GANI Vs. VIJAYA PARTHASARATHY

JUDGEMENT

(1.) This suit has been filed by the plaintiff for a recovery of a sum of Rs. 2,00,00,000/- (Two Crores only) with interest at the rate of 12% per annum.

(2.) The plaintiff has entered into an Agreement with the defendant to purchase the property from the defendant, her minor grandson viz. Viswa @ Shri Kanth and Mrs.Srimathi. The Agreement of sale was executed on 06.05.2016 and on the date of Agreement, the plaintiff had paid a sum of Rs. 30,00,000/- (Rupees Thirty Lakhs only) towards advance.

(3.) Thereafter, on 16.06.2016, the plaintiff had paid another sum of Rs. 1,00,00,000/- (Rupees One Crore only) into the Savings Bank account of the defendant in the Axis Bank towards part sale consideration. On 15.07.2016, the plaintiff paid a sum of Rs. 70,00,000/- (Rupees Seventy Lakhs only). The defendant had also acknowledged the receipt of the payment at the back side of the first page of the Agreement of Sale dated 06.05.2016 and the defendant did not come forward to execute the same. Hence, the plaintiff has filed this present Civil Suit for recovery of amount of Rs. 2,00,00,000/- with interest.