K.V.SALEEM Vs. MAHADEVAPPA

JUDGEMENT

(1.) This Second Appeal is filed against the Judgment and Decree of the Principal District Judge, Erode, dated 07.09.2010 passed in A.S.No.111 of 2006 allowing the appeal and setting aside the judgment and decree of the First Additional Subordinate Judge, Gobichettipalayam, Erode, in O.S.No.39 of 2004 dated 27.09.2006.

(2.) The defendant in the suit is the appellant herein. At the time of admission the following substantial questions of law are formulated by this court:-

(3.) The plaintiff filed the suit in O.S.No.39 of 2004 seeking specific performance on the basis of sale agreement entered into by him with the defendant on 25.01.2003. According to the plaintiff, after executing Ex.A-1 sale agreement, on the date of execution of sale agreement, he paid a sum of Rs. 1,00,000/-, out of sale consideration of Rs. 1,44,000/- and subsequently, even though expressed his readiness and willingness to pay the balance sale consideration of Rs. 44,000/- and complete the sale, the defendant deliberately delayed and failed to complete the sale. Hence, the plaintiff caused legal notice Ex.A.2 to the defendant but the defendant evaded to receive the same and the returned Postal Cover is produced as Ex.A.3. Hence, the plaintiff has come forward with the suit.