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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Teekaa Raman, N.Senthil Kumar
Gana.Kannappan – Appellant
Versus
G.Mohanlal Patel – Respondent
JUDGMENT :
RMT.TEEKAA RAMAN, J.
The unsuccessful defendant in the suit is the appellant in the present appeal.
2. The respondents/defendants filed the suit seeking the relief of specific performance based on the sale agreement marked as Ex.A4, dated 30.08.2007. After the trial, the suit was decreed in their favor, leading to the present appeal.
3. The title of the appellant/defendant to the suit property is not disputed by the respondents.
4. As per the pleadings, the respondents/plaintiffs filed the above suit alleging that the first plaintiff entered into a lease agreement on 29.08.2003 through two separate documents, marked as Exs.A1 and A2. Under the lease, the defendants received a sum of Rs.7,00,000/- as advance, and the agreed monthly rent was Rs.9,000/-. It was further pleaded that the defendants subsequently offered to sell the property for a total consideration of Rs.45,01,000/-. According to the plaintiffs, a sale agreement was entered into on 10.04.2007, marked as Ex.A3 (only a xerox copy has been filed, subject to objection). On the same day, the defendants received a sum of Rs.22,00,000/- as advance, which included the earlier sum of Rs.7,00,000/- paid under the lease agre
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