E SHANMUGAM Vs. B THANIKACHALAM

JUDGEMENT

(1.) The defendant who suffered a decree for specific performance of the contract dated 24.09.2007 is the appellant.

(2.) According to the plaintiff/ respondent, the appellant/defendant had entered into an agreement for sale of an extent of 1 acre 91 cents land situated in five different survey numbers for a total consideration of Rs.11,46,000/- on 24.09.2007 and had received a sum of Rs.50,000/- as advance. As per the agreement, the balance is to be paid within a period of three months from the date of the agreement and the sale deed is to be executed by the defendant.

(3.) According to the plaintiff, he came to know that there was a dispute to the extent of 20 cents of land in Survey No.278/6 which according to him was sub-divided as 278/6A measuring about 74 cents and 278/6B measuring about 20 cents. The patta for 20 cents in 278/6B stood in the name of different person and the encumbrance certificate also disclosed a certain encumbrance over an extent of 20 cents.