IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on 22.02.2021

Pronounced on 04.03.2021

CORAM:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN

A.S.No.1033 of 2007

and

C.M.P.No.14346 of 2020

Messrs.J.Pee.Tee.Engineering Industry,

Rep. by its Proprietor,

P.T.Jonney,

465-B, Kamarajar Road,

Peelamedu,

Coimbatore 641 004,

Rep. by its Proprietor,

P.T.Johny

...Appellant/Plaintiff

Vs

1.M.R.Ponnusamy

2.Sathyasai

representing M/s.Gold Carbons as its

Proprietor,

202-A, Kamarajar Road,

Peelamedu,

Coimbatore 641 004.

3.C.Rajagopal

Representing Sri Sabari Traders

as its Proprietor,

202-A, Kamarajar Road,

Peelamedu,

Coimbatore 641 004.

...Respondents/Defendants

PRAYER: Appeal filed under Section 96 of CPC to set aside the

judgment and decree dated 24.01.2007 in O.S.No.957 of 2004 on

the file of the Additional District and Sessions Judge cum Fast

Track Court No.2, Coimbatore.

For Appellants : Mr.C.R.Prasannan

For Respondents : Mr.S.Parthasarathy

Senior Counsel

for Mr.J.Ramakrishnan for R1

R2 and R3-Steps not taken

https://hcservices.ecourts.gov.in/hcservices/

J U D G M E N T

The appeal filed by the plaintiff in the suit for specific

performance seeking execution of the sale deed as per the

registered sale agreement dated 22.08.1983 or in alternate to

repay the advance money Rs.12,32,000/- with future interest at

12% per annum for the principal amount of Rs.11,00,000/-.

2.The trial Court granted the alternate relief of refund of

advanced money with interest. Not being satisfied with the

relief granted, the present appeal is filed by the plaintiff.

3.The brief facts of the case as stated in the plaint:

The suit schedule properties belongs to the first

defendant. He got the property under a partition deed dated

06.12.1982 and a registered sale deed dated 22.08.1983. The

suit land is about 4,047 sq.ft. 9 cents and 153 ½ cents. The

plaintiff was a tenant under the first defendant in a portion of

suit property measuring of 1000 sq.ft. The plaintiff became the

tenant in the year 1998 and running an Industry in the said

place as a proprietorship concern under the name and style of

“J.Pee.Tee.Engineering Industry”. He paid Rs.30,000/- as

advance and put up a hollow block structure with a cement sheet

measuring 37X 17 feet. Besides the hollow block structure, the

plaintiff also in occupation of 17X 17 feet vacant site. Rent

for the said premise was fixed as Rs.1000/-. The plaintiff

regularly paying the rent to the first defendant. The first

defendant offered to sell the suit property for sale

consideration of Rs.15,00,000/- to the plaintiff and the

plaintiff also agreed to buy the same which incudes site, which

was in occupation of the defendants 2 and 3 besides the

plaintiff. On 26.12.2003, a sale agreement was entered into

between the first defendant and the plaintiff. The sale

agreement deed was registered on 05.01.2004. The first

defendant acknowledged the receipt of the advance money and also

promised to execute the sale deed within a period of 11 months.

The plaintiff has always been ready and willing to perform his

part of contract. The first defendant is duty bound to clear

certain formalities such as to demolish the structures available

in the suit property, to vacate the tenants in the suit

property, to produce the original documents for verification, to

survey the land and fix the boundaries. The first defendant had

not chosen to comply with any of these requirements. The

plaintiff has sufficient funds to pay the balance sale

consideration and this fact was made known to the first

defendant on several occasion. He is ready and willing to

deposit the balance sale consideration into the Court as and

when the Hon'ble Court directs him to deposit. The plaintiff

met the first defendant a