C.P.JALAJARAJAN Vs. P.RAMU

JUDGEMENT

(1.) The decree of specific performance of an agreement for sale is under challenge by the defendant.

(2.) As per Ext.A1 agreement dtd. 6/7/2008, the defendant agreed to convey 12 acres of property described as item Nos.1 to 3 in Ext.A1, to the plaintiffs for a total sale consideration of Rs.6,50,000.00. An amount of Rs.50,000.00 was paid towards advance sale consideration. The period fixed for performance was three months. On 16/9/2008, a further advance of Rs.50,000.00 was paid. Subsequently the plaintiffs realised that the title deed of item Nos.2 and 3 stands in the name of plaintiff's mother, and also that the said property is a vested forest. Thereupon the plaintiffs sought enforcement of the contract with regard to item 1 in Ext.A1 agreement on payment of the proportionate consideration. It was not heeded to by the defendant. It is accordingly that the suit was filed.

(3.) The defendant contended that he was always ready and willing to perform the contract and that the sale deed in respect of item Nos.2 and 3 in Ext.A1 shall be got executed by the mother. The plaintiffs' allegation that the defendant suppressed the fact that the items 2 and 3 are forest land and that the sale deed relating to the property stands in the name of the mother, were denied. It was also contended that the plaintiffs were aware of the title of the properties since they were handed over copy of the title deeds even at the time of entering into contract.