C N RANGANATH Vs. M R THYAGARAJA

JUDGEMENT

(1.) agreement of sale dated 10-6-1991 alleging that the defendant is the owner in possession of the suit house, and agreed to sell the same for consideration of Rs. 1,40,000/- and executed the deed of agreement dated 10-6-1991 Ex. P-1. Defendant received an advance of Rs. 30,000/- on the date of agreement agreeing to receiver the balance of consideration within three months from the date of agreement and to execute the sale deed. But the defendant failed to execute the sale deed in spite of repeated requests. The defendant according to plaintiff failed to perform his part of the contract even though the plaintiff was always ready and willing to perform his part of the contract. Hence the suit for specific performance.

(2.) Defendant has not disputed execution of the agreement Ex. P-1 and the advance of Rs. 30,000/-. He has also not disputed that he had agreed to receive the balance of Rs. 1,01,000/- within three months from the date of the said agreement, and to execute the sale deed. But his contention is that the plaintiff was never willing and ready to perform his part of the contract as he had no money. According to him plaintiff has failed to report his readiness to get the property registered with all expenses. He committed default in not issuing any notice to him intimating his readiness to take the sale deed.

(3.) From the above pleadings the Trial Court framed the following issues: