LAKSHMI AMMA Vs. RAJAN

JUDGEMENT

(1.) The defendants in O.S.No.558/2008 who have suffered a decree for specific performance at the hands of the Trial Court which was confirmed in appeal are the appellants before this Court. Most of the facts are not in dispute.

(2.) The plaintiff in the suit entered into an agreement for sale of 10.5 cents of land at the rate of INR 18,500.00 per cent on 15.05.2008 and paid INR 25,000.00 as advance on the very same date. The period fixed for execution of the sale deed was four months from the date of the agreement. It is not in dispute that the property intended to be sold to the plaintiff forms a portion of a larger extent. It is also not in dispute that a further sum of INR 25,000.00 was received on 20.08.2008 by the vendors. The period for payment of sale consideration and the consequent execution of sale deed expired on 14.09.2008. Immediately thereafter it is admitted that notice has been issued by the plaintiff calling upon the defendants to execute the sale deed. In the affidavit in chief filed by the plaintiff, it is admitted by the plaintiff that reply notice was sent containing untenable contentions. Therefore, suit was laid.

(3.) The defendants resisted the suit. They as usual raised all possible contentions i.e., that time is the essence of contract, they were always ready and willing to perform their part of agreement and it was the plaintiff who had committed breach of contract and that the plaintiff was not entitled to get a decree for specific performance. They had also expressed their willingness to return the advance amount paid with interest.