Madras High Court
S.Jeyanthi vs R.Natarajan on 27 November, 2023
Author: P.T.Asha
Bench: P.T.Asha
S.A.No.824 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.11.2023
CORAM :
THE HONOURABLE Ms.JUSTICE P.T.ASHA
S.A.No.824 of 2023
and
C.M.P.No.26086 of 2023
S.Jeyanthi ...Appellant
Vs.
R.Natarajan ... Respondent
Prayer:- This Second Appeal has been filed under Section 100 of
Civil Procedure Code against the Judgment and decree dated
20.09.2022 made in A.S.No.3 of 2021 on the file of the Principal
District Court, Thiruvarur confirming the judgment and decree dated
10.03.2021 made in O.S.No.45 of 2017 on the file of the Sub Court,
Thiruvarur.
For Appellant : Mr.C.Harish
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1/8
S.A.No.824 of 2023
JUDGMENT
The unsuccessful defendant before the Courts below has filed
the second appeal and the parties are referred to in the same ranking
as before the trial Court.
2. The plaintiff has filed the suit O.S.No.45 of 2017 on the file
of the Subordinate Court, Thiruvarur, for specific performance of an
agreement of sale or in the alternative for refund of sale
consideration. The plaintiff would submit that under a sale
agreement dated 13.06.2016, the defendant had agreed to sell the
suit property to the plaintiff for a sale consideration of
Rs.10,00,000/-. The defendant had received a sum of Rs.5,00,000/-
on the date of the agreement and had agreed to receive the balance
sale consideration within a period of six months from the date of the
sale agreement. The defendant had agreed to execute the sale deed
either in the name of the plaintiff or his nominee. The plaintiff
would submit that he was always ready and willing to perform his
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part of the contract. However, the defendant did not come forward
to execute the sale deed. Therefore, the plaintiff had issued a legal
notice dated 08.12.2016 expressing his readiness and willingness to
proceed with execution of the sale. Despite receipt of the legal
notice, the defendant did not come forward to either send the reply
or execute the sale deed. The plaintiff has filed lodgment schedule
for the balance sale consideration of Rs.5,00,000/-
3. The plaintiff would submit that there is another cheque case
pending between the parties, which is totally unrelated to the issue
on hand. If the Court comes to the conclusion that the plaintiff is
not entitled to the relief of specific performance, then in the
alternative, the plaintiff may be granted a decree for the sum of
Rs.5,00,000/- with future interest @ 12% per annum from
13.06.2016 till date with the charge on the suit property.
4.The defendant had filed a written statement inter-alia
denying the fact that she had agreed to sell the property to the
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plaintiff. On the contrary, it is her case that the sale agreement was
executed as a security for the loan obtained by her. The defendant
would submit that she had borrowed a sum of Rs.4,00,000/- from the
plaintiff and as a security for the above borrowal, the plaintiff had
got executed the agreement of sale for Rs.5,00,000/-. Rs.1,00,000/-
constituted the interest for the sum of Rs.4,00,000/- and
Rs.4,00,000/- was the loan amount. Since the defendant had delayed
the repayment of the interest, the plaintiff has come forward with the
present suit. The defendant would submit that she is ready to re-pay
the amount with appropriate interest. Therefore, she sought to have
the suit dismissed.
5. The learned Subordinate Judge had framed the following
issues:
1. Is it true that the sale agreement dated
13.06.2016 is true and legally valid?
2. Whether the plaintiff is entitled for the relief of
specific performance of contract as prayed for?
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3. Whether the plaintiff is entitled for alternative
relief as prayed for?and
4. To what other relief the plaintiff is entitled for?
6. The plaintiff had examined himself as P.W1 and marked
Exs.A1 to A3. The defendants have neither adduced evidence nor
marked documents. Ultimately, by judgment and decree dated
10.03.2021, the learned Subordinate Judge was pleased to decree the
suit for specific performance. Aggrieved by the said judgment and
decree, the defendant had filed A.S.No.3 of 2021 on the file of the
Principal District Court, Thiruvarur. The learned Principal District
Judge, by her judgment and decree dated 20.09.2022, was pleased to
dismiss the appeal. Aggrieved by the same, the plaintiff is before
this Court.
7. Heard the learned counsel for the appellant and perused the
materials available on record.
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8. The execution of the agreement of sale-Ex.A1 is admitted
by both the parties. While the plaintiff would say that it is intended
as an agreement of sale, as the parties have negotiated to purchase
the suit property, the defendant would submit that the agreement of
sale was executed as a security for the loan amount. The defendant
has also not been able to prove the same The defendant would fairly
concede that she has not repaid the money. This coupled with the
fact that within the six month period as stipulated in the sale
agreement, the plaintiff had issued a legal notice demanding the
defendant to execute the sale deed and the same not having been
responded to, it only goes to prove that the plaintiff was ready to
execute the sale deed in respect of the suit property. The plaintiff
has also deposited the balance sale consideration into Court.
Therefore, the plaintiff has proved his continuous readiness and
willingness to proceed with the same. The defendant, who has come
forward with the case that the agreement of sale has been executed
as a security for the loan, has failed to prove the same. The Courts
below have considered the evidence on record and decreed the suit
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concurrently. I see no reason to interfere with the concurrent
judgement and decree. Accordingly, the second appeal is dismissed.
There shall be no order as to costs. Consequently, connected
miscellaneous petition is closed.
27.11.2023
Index :Yes/No
Internet:Yes/No
srn
To
1. The Principal District Court, Thiruvarur
2. The Sub Court, Thiruvarur.
3. The Section Officer, V.R.Section, Section, High Court.
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P.T.ASHA.J
srn
27.11.2023
https://www.mhc.tn.gov.in/judis
