M.CHOCKALINGAM
A. Ganapathy – Appellant
Versus
S. Venkatesan, Defendant – Respondent
The Order of the Court was as follows :
This suit has been filed for a specific performance directing the defendant to execute a sale deed in pursuance of the agreement dated 17-3-1996 on receipt of the balance sale consideration of Rs. 15.00 lakhs, for a permanent injunction restraining the defendant from alienating or dealing with the suit property and for costs.
2. Plaint averments are as folllows :-
The defendant is the owner of the land and building situate at No. 68 Bazullah Road, T. Nagar, Madras 17. An agreement for sale was entered into by the plaintiff in respect of the suit property on 17-3-1996 and the plaintiff had paid a sum of Rs. 15.00 lakhs towards part consideration. The total sale consideration was fixed at Rs. 30.00 lakhs. The defendant has given a stamped receipt dated 17-3-1996 for receipt of Rs. 15.00 lakhs. Time was not the essence of the contract. As the plaintiff was already in possession of a portion of the said premises, he had been calling upon the defendant to complete the sale. The plaintiff is always ready and willing to pay the balance sale consideration of Rs. 15.00 lakhs. He had also been calling upon the defendant to accept the said bala
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