A.SELVAM
D. Ananda Moorthy – Appellant
Versus
P. Chandrakala – Respondent
1. This second appeal has been directed against the concurrent Judgments passed in Original Suit No.224 of 2000 by the Sub Court, Thoothukudi and in Appeal Suit No.4 of 2006 by the Additional District Court (Fast Track Court-II), Thoothukudi.
2. Therespondent herein as plaintiff has instituted Original Suit No.224 of 2000 on the file of the trial Court praying to pass a decree of specific performance in her favour, wherein the appellant has been shown as sole defendant.
3. Thematerial averments made in the plaint may be stated like thus:
The property mentioned in the schedule absolutely belongs to the defendant and he agreed to sell the same to the plaintiff for a sum of Rs.1,20,000/-. Both the plaintiff and defendant have executed the suit sale agreement dated 25.06.1997. On the date of execution of the suit sale agreement, the defendant has received Rs.1,00,000/-. As per the terms of the suit sale agreement, the plaintiff has to pay balance of sale consideration within two years from the date of agreement. The defendant has delivered original title deed relating to the suit property mentioned in the schedule. The plaintiff is always ready and willing to perform her
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