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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.Balaji, J
Nallammal – Appellant
Versus
R.T.Shankar – Respondent
| Table of Content |
|---|
| 1. summary of suit pleadings, trial, and decree. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. counsel arguments on agreement validity and evidence. (Para 7 , 8 , 9) |
| 3. admission of whatsapp as additional evidence under order xli rule 27. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. agreement held as loan security per messages and conduct. (Para 20 , 21 , 22) |
| 5. lack of readiness; appeal allowed with refund. (Para 23 , 24 , 25) |
JUDGMENT
The defendant in a suit for specific performance, aggrieved by the decree for specific performance granted in O.S.No.2 of 2019, is the appellant.
2.Pleadings:
The plaint in brief:
The defendant offered to sell the suit properties to the plaintiff. The plaintiff accepted the defendant’s offer and an agreement was drawn up in writing on 21.09.2016.
The same was also registered. The total sale consideration was fixed at Rs.10 lakhs. The defendant received Rs.9 lakhs towards advance and agreed to complete the transaction within a period of 9 months thereafter, on payment of balance consideration of Rs.1 lakh. The plaintiff has always been ready and willing to perform his part of the contract and get the sale deed executed in his favour. The defenda
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