K.G.BALASUBRAMANIYAM Vs. M.ELANCHEZHIAN

JUDGEMENT

(1.) The plaintiff in O.S.No.282 of 2008, whose suit for specific performance was decreed by the trial court, upon its reversal by the lower appellate court has come up with this Second Appeal.

(2.) According to the plaintiff, the suit property belonged to the defendant under a settlement deed dated 15.10.1976. The defendant agreed to sell the property to the plaintiff for a consideration of Rs.2,10,000/- on 11.09.2006. An advance of Rs.2,00,000/- was paid and a period of two years was fixed for payment of balance of Rs.10,000/- and have the sale deed executed. The agreement was reduced to writing and registered on 11.09.2006 itself.

(3.) According to the plaintiff, since the defendant did not come forward to execute the sale deed despite several demands, he was forced to issue notice on 17.06.2008. Though, the notice was received by the defendant on 17.06.2008, the defendant neither complied with the demand nor issued reply. Hence, the plaintiff had filed a suit seeking specific performance.