- (1.) CHALLENGE in this Second Appeal is to the concurrent Judgments and decrees passed in Original Suit No.301 of 2003 by the Sub Court, Thoothukudi and in Appeal Suit No.16 of 2008 by the Additional District Court/Fast Track Court No.I, Thoothukudi.
(2.) THE respondent herein as plaintiff has instituted Original Suit No.301 of 2003 on the file of the trial Court praying to pass a decree of specific performance in his favour on the basis of the sale agreement dated 24.09.2000, wherein the present appellant has been shown as sole defendant. In the plaint it is averred that the defendant is the absolute owner of the suit property and he got the same by virtue of the will dated 19.10.1994 executed by his father Pachia Pillai. The defendant has agreed to sell the suit property in favour of the plaintiff and to that extent the suit sale agreement has come into existence on 24.09.2000. On the date of execution of sale agreement, the plaintiff has paid a sum of Rs.2,00,000/- by way of an advance. The total sale consideration has been fixed at Rs.3,50,000/- and the balance amount is Rs.1,50,000/-. The defendant has agreed to execute a sale deed in favour of the plaintiff within a period of six months after receipt of balance of sale consideration. The plaintiff has orally demanded the defendant on various occasions to receive balance of sale consideration and execute a sale deed in his favour. The defendant has given evasive reasons for the reasons best known to him. The plaintiff has always been ready and willing to perform his part of the contract. Since the defendant has failed to perform his part of the contract, a legal notice dated 26.07.2003 has been issued to the defendant and thereby called upon to execute a sale deed in favour of the plaintiff. After receipt of the said legal notice, the defendant has given a false reply notice dated 31.07.2003. Under the said circumstances, the present Suit has been instituted for the relief sought for in the plaint.
(3.) IN the written statement filed on the side of the defendant it is averred that on 24.09.2000 the defendant has not agreed to sell the suit property in favour of the plaintiff for a sum of Rs.3,50,000/- and received a sum of Rs.2,00,000/- by way of an advance. It is also equally false to contend that the defendant has agreed to execute a sale deed in favour of the plaintiff within a period of six months after receipt of balance of sale consideration of Rs.1,50,000/-. On 06.04.2002, the defendant has suffered from illness and he asked his brother Jeevanantham to get money from the plaintiff and accordingly the plaintiff has given a sum of Rs.35,000/-. At the time of advancing loan, the plaintiff has obtained signature of the defendant on various blank papers and blank non-judicial stamps. The plaintiff has also received house tax receipt, will etc. from the defendant. After six months the defendant has paid the entire principal amount and demanded the documents which have been handed over to the plaintiff. But the plaintiff has demanded a sum of Rs.80,000/- so as to return the documents which have been received from the defendant and due to that a police complaint dated 04.08.2003 has been preferred and there is no merit in the Suit and the same deserves to be dismissed.;