ALEX THOMAS Vs. RAJAN

JUDGEMENT

(1.) Plaintiffs in a suit for specific performance of a contract for sale are the appellants. On the basis of Exts. A1 to A7 and A16, the facts that emerge are as follows:

(2.) Controversies appear to have arisen on 31.10.1996, the date mentioned in Ext. A1 as the date by which the transactions thereunder should be completed. According to the plaintiffs, Ext. A8 sale deed was prepared on stamp papers worth Rs. 24,700/- and Exts. A9 and A10 filing sheets and other necessary papers were prepared in connection with the sale deed for 13 cents to be registered on 31.10.1996. The suit is laid on 11.11.1996, on the allegation that the defendants did not turn up for executing documents on 31.10.1996 and when they were approached on that day, they promised to go to register the documents on the succeeding day, however, that they did not present themselves for signing or having the documents registered on 1.11.1996 or even on 2.11.1996, on which dates, the plaintiffs are shown to have been present in the Sub Registrar's office. For this, they stood as witnesses in Exts. A11 and A15. Ext. A16 is a notice issued on behalf of the defendants through an Advocate on 1.11.1996, taking the stand that the period covered by Ext. Al agreement had expired on 31.10.1996 and that Exts. A2 to A7 having been executed in furtherance of Ext. Al, nothing survives and the said contract has been discharged, as the plaintiffs committed default in not taking the sale deeds for the remaining extent.

(3.) In answer to the suit, the defendants contended that the entire earnest covered by Ext. A1 having been adjusted against Exts. A2 and A3, first two among the sale deeds; nothing survives thereafter and there is no enforceable contract for sale. They also pleaded that plaintiffs were in breach in not having the agreement ultimately performed.