K.VISWANATHAN Vs. A.RAMESH

JUDGEMENT

(1.) The appellant is the civil revision petitioner before this Court, challenging the order in I.A. No.61 of 2008 in A.S. No. Nil of 2008 in O.S. No. 388 of 2008, dated 08.10.2010 on the file of the District Judge, Tiruvannamalai.

(2.) The case of the petitioner is that the suit schedule property is belongs to the defendant, who is the respondent herein and the appellant is the plaintiff in the suit. The respondent/defendant has agreed to sell the property to the plaintiff and hence on 07.04.2003 executed and registered sale agreement in favour of the appellant/plaintiff agreeing to sell the suit schedule of property for a sum of Rs.1,25,000/-. Therefore, on the same day the appellant/plaintiff has paid a sum of Rs.1,00,000/- as advance and the same was received by the respondent/defendant and agreed to receive the balance amount within one year. Though the appellant/plaintiff is ready and willing to perform his part of the contract and the defendant has evaded the receipt of the balance sale consideration and execute the registered sale deed in favour of the respondent/plaintiff. Therefore, on 03.10.2003, issued a notice, but the respondent/defendant failed to execute the sale deed. Therefore, he filed the suit in O.S.No.388 of 2003 for specific performance.

(3.) The respondent/defendant has filed his written statement denying the execution of the sale agreement. Due to the urgent need of money, the respondent/defendant approached the plaintiff for finance assistance and being the financier the plaintiff has given Rs.1,00,000/- and the defendant has executed a sale agreement as per instruction of the appellant/plaintiff and the appellant/plaintiff directed the respondent/defendant to pay the interest at the rate of 60% per annum, which was also agreed by the respondent/defendant. Pursuant to that till the month of September 2003, since the interest for the month of October 2003 is not paid, this plaintiff has filed the suit for specific performance. Therefore, the respondent/defendant sought for the dismissal of the suit.