R.JOTHI Vs. N.NEELAVATHI

JUDGEMENT

(1.) The defendant who has suffered a decree for specific performance is the appellant.

(2.) According to the plaintiff, the defendant agreed to sell the suit property for a consideration of Rs.7,50,000/- and a registered agreement for sale was entered into between the parties on 005.2003. On the date of the said agreement, the plaintiff has paid advance of Rs.7,00,000/- and three months' time was fixed for performance. Since defendant did not come forward to execute the sale deed, despite oral requests, the plaintiff has come forward with the present suit.

(3.) The suit was filed on 26.07.2003 i.e. within three months of the agreement. The defendant resisted the suit contending that the agreement came to be executed under certain invalidating circumstances. According to her, her husband Rajkumar and one Kalidasan were doing business of TVS two wheeler service center at Vadalur. Her husband had borrowed money from the husband of the plaintiff namely Mr. Sivasubramanian. Towards the said borrowing, he was liable to pay a sum of Rs.10,00,000/- to the plaintiff's husband. Under those circumstances, the plaintiff who happens to be the daughter of a former member of the Legislative Assembly, using her influence forced the plaintiff to sign in the suit agreement and also got it registered. On consideration of the above pleadings, the learned Trial Judge, Additional District Court (Fast Track Court No.2), Cuddalore framed the following issues: