K C RAJABATHAR Vs. B PURUSHOTHAMAN

JUDGEMENT

(1.) The plaintiff in OS No.52 of 2006 having succeeded in obtaining a decree for specific performance, before the Trial Court which was set aside on appeal by the Lower Appellate Court in AS No.1 of 2012 has come up this Second Appeal, challenging the judgment and decree of the II Additional District Judge, Tindivanam, dated 04.07.2013 made in AS No.1 of 2012.

(2.) The case of the plaintiff in brief is as follows:

(3.) According to the plaintiff, the defendant did not comply with the terms of the agreement, namely, he did not discharge the debt borrowed by him by depositing the title deeds with a third party and he did not also take steps to have the property measured. However, on 11.08.2003, the defendant required the plaintiff to pay a further sum of Rs.50,000/- towards further advance. The plaintiff had paid the said amount and an endorsement was also made by the defendant in the suit agreement itself. Again on 27.03.2004, the defendant received a sum of Rs.20,000/- from the plaintiff and made an endorsement in the xerox copy of the sale agreement dated 02.08.2003. On 22.06.2004, the defendant required the plaintiff to pay a further sum of Rs.60,000/- towards further advance for his daughter's marriage. The same was also paid by the plaintiff. An endorsement acknowledging the receipt of the sum of Rs.60,000/- was made by the defendant in the xerox copy of the suit agreement dated 02.08.2003. Thus, the defendant had received a sum of Rs.1,80,000/- out of the total consideration of Rs.2,70,600/- from the plaintiff up to 22.06.2004, leaving a balance of only Rs.90,600/- due and payable by the plaintiff towards the sale consideration.