VASANTHI AND OTHER Vs. ANNAMALAI

JUDGEMENT

(1.) These Second Appeals arise out of the common Judgment and decree passed in A.S.Nos. 9 and 10 of 2013 dated 14.11.2014 on the file of Additional District Judge, Dharmapuri, reversing the common Judgment and Decree passed in O.S.No. 73 of 2010 and 60 of 2012 dated 15.02.2013 on the file of Subordinate Judge, Harur.

(2.) Brief facts of the cases are as follows:-

(3.) For the sake of convenience the ranking is followed as in O.S. No.73 of 2010. The defendants have filed written statement, denying the contention of the respondent/plaintiff, stating that the defendants 1 and 2 have entered into an agreement dated 08.01.2010 with the plaintiff, for a sum of Rs. 4,80,000/- and received a sum of Rs. 4,70,000/- as advance and agreed to execute the sale deed within six months on receipt of the balance of Rs. 10,000/-. Subsequently, defendants 1 and 2 approached him on 09.06.2010 and demanded an additional amount of Rs. 2,00,000/- towards the sale agreement. The plaintiff agreed to pay an additional amount of Rs. 1,95,000/-. Accordingly, the defendants 1 and 2 received the said amount and made an endorsement in the suit agreement. They agreed to execute the sale deed on receipt of Rs. 10,000/-. But, the defendants 1 and 2 sent a detailed notice on 20.08.2010 cancelling the agreement entered between them and the plaintiff. Pursuant to the said notice, the appellants have created the sale deed dated 17.08.2010. The other contention of the defendants is that the plaintiff has paid the balance amount of Rs. 10,000/- within the six months period. This itself shows that the sale agreement is genuine and it is a security for the loan amount borrowed by the defendants 1 and 2.