A P THIRUMALAISAMY Vs. TMT BANGARAMMAL

JUDGEMENT

(1.) Mr. A. P. Thirumalaisamy, the petitioner herein as against the impugned order dismissing his private complaint under S. 203 of the Code of Criminal Procedure has filed this revision.

(2.) Facts are these : On 2-5-1990 there was an agreement between the petitioner herein/complainant and the first respondent. By virtue of this agreement, the first respondent agreed to purchase the property which belonged to the petitioner for the sale consideration of Rs. 3,10,000/-. On the date of agreement, an advance amount of Rs. 1,00,000/- was given to the complainant. It was agreed that the balance amount of Rs. 2,10,000/- was to be paid within three months. However, within three months, the first respondent was not able to pay the balance amount and she had paid only Rs. 80,000/- on 21-8-90 and on the said date further time was sought.

(3.) In the year 1994, the first respondent filed a suit in O.S. No. 286 of 1994 before the Sub Court, Udumalpet for the relief of specific performance as against the complainant, as if the entire sale consideration has been paid by means of the required documents.