N PERIYASAMY Vs. GNANASOUNDARI

JUDGEMENT

(1.) The plaintiff whose suits for specific performance were dismissed by the Trial Court is the appellant.

(2.) The plaintiff filed two suits namely, O.S.Nos.13 and 14 of 2002 on the file of the Additional District Judge, Fast Track Court No.1, Erode. Both the suits were originally filed before the Sub Court Erode and upon transfer they have been renumbered as O.S.Nos.13 and 14 of 2002 on the file of the Additional District Judge, Fast Track Court No.1, Erode.

(3.) The parties in both the suits are the same. The suits have been filed for specific performance of two agreements dated 19.10.2000 said to have been entered into between the plaintiff and the 1st defendant. According to the plaintiff, the 1st defendant, the father-in-law of the plaintiff, had agreed to sell two properties belonging to him under the agreements marked as Exs.A1 and A5. Under Ex.A1, the 1st defendant had agreed to sell the properties situated at old G.S.No.68/3, New R.S.No.786/4 in Perundurai Taluk for a consideration of Rs.7,50,000/- and on the date of agreements, the plaintiff paid an advance of Rs.6,00,000/-. A period of four months was fixed for performance of the agreements. Since the 1st defendant did not come forward to execute the sale deed, the plaintiff has been forced to issue legal notice on 17.02.2001, on receipt of which, the 1st defendant sent a reply dated 21.02.2001 denying the agreement. This necessitated the plaintiff to file the above suit.