T GOVINDASAMY Vs. SRIDHAR

JUDGEMENT

(1.) Aggrieved by the concurrent findings of the Courts below, the defendant has preferred the above Second Appeal in a suit for specific performance.

(2.) The suit was filed based on Ex.A-1-Sale Agreement dated 29.07.2006, as per which, the appellant /defendant had agreed to sell the suit schedule property to the plaintiff for a sum of Rs.50,000/- and received a sum of Rs.10,000/- as an advance on the same day. The plaintiff agreed to pay the balance sum of Rs.40,000/- at the time of registration of the document. Despite several attempts made by the plaintiff to pay the balance amount and the sale executed, the defendant had not come forward to perform his part of contract. Hence, the suit was filed.

(3.) The suit was resisted by the defendant contending that the agreement executed is in executable and the possession of the property is that of the defendant. It is also stated that there are other sharers to the property and the sale consideration fixed at Rs.800/- per cent is false, as the value of the property is Rs.2,000/- per cent.