C.V. Karthikeyan, J.

Tr.CS.279 of 2011 had been filed to pass a judgement and decree against the Defendant:-

(a) granting the relief of specific performance of the agreements between the parties dated 16.5.2006 and 21.8.2006 and directing the Defendant to execute the sale deed in respect of the suit property in favour of the Plaintiff free from all encumbrances on receiving the balance of the sale consideration of Rs.4,88,000/- and in default, to have the sale deed executed and registered by this Court on behalf of the Defendant at the cost of the Plaintiff at the first instance to be recovered from the Defendant later.

(b) directing the Defendant to pay the Plaintiff a sum of Rs.1,00,000/- by way of damages and compensation towards unnecessary expenses incurred by the Plaintiff and towards wandering, physical difficulty and mental agony caused to the Plaintiff by the conduct of the Defendant.

(c) granting permanent injunction restraining the Defendant from in any manner disturbing the Plaintiff' peaceful possession and enjoyment of the suit property as an agreement holder.

(d) directing the Defendants to pay the costs of the suit.

2. C.S.No.329 of 2010 had been filed to pass a judgement and decree against the Defendants :-

(a) directing the 1st Defendant to quit and deliver the vacant possession of the suit property of the flat bearing New No.9, Old No.5/2, Ramapuram Ramasamy Street, Flat No.11/F5 (first floor), Anupam Foundations, Saidapet (West), Chennai-15 which is more fully set out in the schedule.

(b) directing the 1st Defendant to pay a sum of Rs.1000/- per day as past damages for unlawful use and occupation and also for compensation towards unnecessary expenses incurred by the Plaintiff and towards wandering, physical difficulty and mental agony caused to the Plaintiff by the conduct of the 1st Defendant from 30.8.2006 to 24.3.2010 (1303 days) which comes to Rs.13,03,000/- along with interest at 24% per annum till the date of realisation.

(c) granting permanent injunction restraining the 2nd Defendant from giving electricity connection in favour of the 1st Defendant for the suit property.

(d) directing the 1st Defendant to pay a sum of Rs.1000/- per day as future damages for unlawful use and occupation and also for compensation towards wandering, physical difficulty and mental agony from the date of filing the suit i.e. 25.3.2010 to till the date of handing over possession of the suit property to the Plaintiff.

(e) for costs of the suit.

3. Plaint in Tr.CS.No.279 of 2011 :- It had been stated that the Defendant was the owner of the Flat, bearing Door No.11/F5, Anupam Foundations, New No.9, Old No.5/2, Ramapuram, Ramasamy Street, Saidapet, Chennai-15 in the first floor of the apartment building. The flat has an extent of 652 sq.ft. The Defendant is also the owner of the undivided interest of 16.5% in the common space appurtenant to the said apartment building. It had been further stated that the Plaintiff and the Defendant had entered into an agreement dated 16.5.2006, wherein the Defendant had agreed to sell the suit property for a sale consideration of Rs.9,10,000/- and received a sum of Rs.1,50,000/- as advance sale consideration. As on the date of the sale agreement, the Defendant had bank loan with the Indian Overseas Bank with respect to the suit property, which amounted to Rs.4,50,000/-. It had been agreed that the Plaintiff has to settle the bank loan. The husband of the Defendant had stated that he would try to negotiate with the bank for a lesser amount. However, he could not do so within the period of three months from the date of the sale agreement. The Plaintiff, therefore, demanded execution of the sale deed.

4. It had been stated that the Plaintiff had raised funds by arranging the sale of his father in law's property. The Defendant required further amounts of money and requested an additional advance of Rs.2,60,000/- and entered into a new agreement. Accordingly, the total sale consideration was fixed at R