JUDGMENT :

(Prayer: First Appeal has been filed under Section 96 of CPC against the Judgment and Decree dated 22.12.2008 passed in O.S.No.155 of 2007 on the file of the Additional District Judge cum Fast Track Court No.1, Salem.)

1. Aggrieved over the Judgment and Decree dated 22.12.2008 passed in O.S.No.155 of 2007 on the file of the Additional District Judge cum Fast Track Court No.1, Salem, the defendant has come forward with the first appeal.

2. For the sake of convenience, the parties are referred to as per their rankings in the trial Court.

3. Suit for specific performance.

4. The case of the plaintiff in brief is that the suit property belongs to the defendant and the defendant intended to sell the same and the plaintiff agreed to purchase the same for a sum of Rs.8,50,000/- and paid a sum of Rs.4,00,000/- as advance on 20.09.2007 and the terms of the agreement were reduced into writing and signed both by the plaintiff and the defendant in the presence of the witnesses and it was agreed that the plaintiff will have to take the sale within 15 days from the date of the agreement by paying the balance sale consideration. The plaintiff was ready, willing and able to purchase the property by paying the balance sale consideration of Rs.4,50,000/- and the defendant also agreed to come to the Registrar Office on 04.10.2007 to execute the sale deed in favour of the plaintiff after receiving the balance sale consideration. Though the plaintiff was waiting at the Registrar Office till evening on 04.10.2007, the defendant had not turned up and immediately, the plaintiff issued a lawyer notice to the defendant calling upon her to inform a convenient date within two days for registration of the sale in favour of the plaintiff but the defendant issued a reply on 09.10.2007 as though she was ready but falsely alleged that the plaintiff has given evasive replies and the allegations contained in the reply notice are false and not accepted by the plaintiff. Hence, the plaintiff, with no other alternative, has come forward with the suit for the appropriate relief.

5. The defendant resisted the plaintiff's suit contending that the suit laid by the plaintiff is not maintainable either in law or on facts and stated that the plaintiff had agreed to purchase the suit property for a sum of Rs.8,50,000/- and the defendant had insisted that the plaintiff should make the entire payment at a stretch towards the sale consideration. However, as the plaintiff was not in a position to purchase the property at a huge cost and she was not having enough money for effecting the same in her favour by paying the sale consideration and the plaintiff was able to collect only a sum of Rs.4,00,000/- instead of the said sum of Rs.8,50,000/- and when the crucial date was fixed on 20.09.2007 to effect the sale in favour of the plaintiff and even though the defendant refused to take the portion of the amount and never intended to execute the sale agreement in favour of the plaintiff, it was informed by the plaintiff that as the date was inauspicious for making the entire payment and to execute the sale in her favour, sentimentally, she requested time till Monday (24.09.2007) for paying the balance amount and instead of the receipt, the plaintiff technically insisted and obtained sale agreement by completing and forcing the defendant to sign the papers and the defendant never intended to execute any agreement of sale and subsequently, the defendant came to know the habit and tactics of the plaintiff, the agreement of sale was prepared by her without the consent of the defendant and the defendant refused to receive the part amount of the sale consideration and execute the agreement of sale and the defendant believing the words of the plaintiff that she would pay the remaining amount on 24.09.2007 without fail, a formal agreement of sale was effected and time was fixed as 15 days to pay the remaining sale price and to effect the sale in favour of the plaintiff. Time for agree