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C.M.A.No.2520 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.01.2026

CORAM

THE HONOURABLE MRS. JUSTICE R. KALAIMATHI

C.M.A.No.2520 of 2025

and

C.M.P.No.21364 of 2025

E.Thangamani ...Appellant/Respondent/Plaintiff

vs.

T.Mani ...Respondent/Appellant/Defendant

PRAYER: Civil Miscellaneous Appeal is filed under Section 104 r/w Order

XLIII Rule 1(u) of CPC., to set aside the judgment and decree dated

24.02.2025 made in A.S.No.70 of 2024 on the file of the Principal District

Court, Vellore, setting aside the judgment and decree dated 19.09.2024 in

O.S.No.155 of 2007 on the file of the Additional Sub Court, Vellore.

For Appellant : Mr.M.Venkatakrishnan

For Respondent : Mr.V.Sundar Raman

JUDGMENT

This Civil Miscellaneous Appeal is preferred against the judgment

dated 24.02.2025 passed in A.S.No.70 of 2024 by the Principal District

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C.M.A.No.2520 of 2025

Judge, Vellore by the plaintiff herein.

2. The parties are indicated herein as per their litigative status and

ranking before the Trial Court.

3. According to the plaintiff, Thangamani, on 15.10.2004, the

defendant entered into registered sale agreement with the plaintiff to sell

the suit scheduled property for sale consideration of Rs.1,50,000/- and the

defendant received a sum of Rs.1,00,000/- as a part of sale consideration

on the aforesaid date. The balance sale consideration has to be paid within

three years and the defendant has to execute the sale deed in favour of the

plaintiff, as per the terms of the sale agreement. At the time of execution of

the agreement for sale, the defendant handed over the original sale deed

dated 29.01.2001 pertaining to the suit property to the plaintiff herein. The

plaintiff has always been ready and willing to perform his part of the

contract and demanded the defendant to receive the remaining sale

consideration of Rs.50,000/- and to execute the sale deed in his favour.

But, the defendant had been evading to perform his part of contract.

Hence, a legal notice was caused to be issued by the plaintiff on

16.07.2007 calling upon the defendant to receive the balance sale

consideration and to execute the sale deed in his favour. The defendant,

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C.M.A.No.2520 of 2025

despite the receipt of notice, did not send reply to the plaintiff herein.

Hence, the suit for the relief of specific performance of contract was filed by

the plaintiff.

4. Per contra, the sole defendant would inter alia contend that the

defendant approached the plaintiff for grant of loan for a sum of

Rs.1,00,000/- with interest at Rs.1.50 per Rs.100/-. For the loan, the

plaintiff obtained signatures of the defendant in the blank papers and on

compulsion of the plaintiff, the defendant went to the Registrar Office to

execute the sale agreement for security purpose. As per the loan

agreement, the defendant had been regularly paying the interest of

Rs.1,500/- every month till June 2007. Due to his ill health, he stopped the

payment towards loan obtained.

4.1. The plaintiff has not deposited balance sale consideration, which

shows that the suit transaction is only a loan transaction. For paying

meagre amount of Rs.50,000/- fixing of three years' time is not acceptable

one. The suit property is worth about more than Rs.10,00,000/-. Hence, the

defendant sought for dismissal of the suit.

5. The Trial Court framed relevant issues. At trail, to substantiate the

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C.M.A.No.2520 of 2025

plaint details, three witnesses were examined and thirteen documents were

marked. Ex.A1 is the registered sale agreement dated 15.10.2004

executed by the defendant in favour of the plaintiff. On the defendant's

side, four witnesses have been examined and three documents have been

marked.

6. Upon consideration of oral and documentary evidence and after

hearing the arguments by eit