P R RAMANATHAN Vs. M K RANGANATHAN

JUDGEMENT

(1.) The present suit is filed seeking specific performance of the sale agreement dated 7.12.2007 entered into between the plaintiff and the defendant, in respect of the suit property, directing the defendant to execute the sale deed in favour of the plaintiff, after receiving the balance sale consideration of Rs. 33,00,000/-. An alternative prayer is made seeking direction to the defendant to refund the advance amount of Rs. 10,00,000/- paid by the plaintiff in pursuant to the sale agreement dated 7.12.2007, together with interest at the rate of 24% per annum, from 7.12.2007 till the actual date of realisation. The averments made by the plaintiff, in the plaint, are as follows:

(2.) The defendant filed written statement refuting the allegations made by the plaintiff in the plaint.

(3.) Based on the pleadings of by both parties, the following issues were framed in the suit for consideration on 22.11.2010: