KANAKKATHERUVIL S.SARASWATHI Vs. OTTAKANDAM KUNIYIL BALAN

JUDGEMENT

(1.) The defeated defendant in a suit for specific performance is in appeal.

(2.) The plaint schedule properties belong to the defendant. The case of the plaintiffs is that the defendant had agreed to sell the plaint schedule properties to them at the rate of Rs.9,000/ - per cent for the plaint schedule item No.1 property and Rs.1,500/ - per cent for the plaint schedule item No.2 property as per the terms of Ext.A1 agreement, after receiving a sum of Rs.20,000/ - by way of advance sale consideration. As per Ext.A1 agreement, the balance sale consideration should have been paid by the plaintiffs to the defendant on or before 30.9.2002. It is alleged by the plaintiffs that though they were ready and willing to pay the balance sale consideration to the defendant and get conveyance deed in respect of the properties from her, the defendant did not convey the properties. Hence, the suit for specific performance.

(3.) The defendant admitted the execution of Ext.A1 agreement. She also admitted the receipt of Rs.20,000/ - from the plaintiffs by way of advance sale consideration. However, she contended that more than Rs.1,20,000/ - had to be paid by the plaintiffs to her towards the balance sale consideration and the plaintiffs have not even offered the said amount within the time stipulated in the agreement. In other words, according to the defendant, the plaintiffs were not ready and willing to discharge their obligations under the agreement and it is due to the said reason that the properties could not be conveyed.