Reportable

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS.2795-2796 OF 2011

[Arising out of SLP [C] Nos.18211-18212 of 2010]

K.K.Velusamy

… Appellant

vs.

N.Palanisamy

… Respondent

J U D G M E N T

R.V.RAVEENDRAN,J.

Leave granted.

2.

The respondent herein has filed a suit for specific performance (OS

No.48/2007) alleging that the appellant-defendant entered into a registered

agreement of sale dated 20.12.2006 agreeing to sell the suit schedule

property to him, for a consideration of Rs.240,000/-; that he had paid

Rs.160,000/- as advance on the date of agreement; that the appellant agreed

to execute a sale deed by receiving the balance of Rs.80,000/- within three

months from the date of sale; that he was ready and willing to get the sale

completed and issued a notice dated 16.3.2007 calling upon the appellant to

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execute the sale deed on 20.3.2007; and that he went to the Sub-Registrar’s

office on 20.3.2007 and waited, but the appellant did not turn up to execute

the sale deed. On the said averments, the respondent sought specific

performance of the agreement of sale or alternatively refund of the advance

of Rs.160,0