JAYALAKSHMI Vs. ANIL KUMAR

JUDGEMENT

(1.) This is an appeal arising from a suit for specific performance of an agreement of sale. The plaintiffs in the suit O.S.No. 327 of 1991 on the file of the Principal Sub Court, N. Parur, is the appellant. The defendants in the suit are the respondents. This appeal is against the judgment and decree dismissing the above suit.

(2.) The basic facts involved in the appeal can be capsulated thus: The agreement sought to be enforced in the suit is Ext. Al dated 30-9-1990 executed between the appellant and respondents. By Ext. Al the respondents had agreed to sell the plaint schedule properties in favour of the appellant at the rate of Rs. 1,500/- per cent, within a period of six months from the date of agreement after satisfying the conditions stipulated therein. The respondents had received a sum of Rs. 3,000/- as advance towards the sale consideration. The balance consideration was agreed to be paid at the time of execution of the sale deed as above. The sale deed was to be executed on or before 30-3-1991. Since the respondents had failed to tender the encumbrance certificate, title deeds etc. to the appellant and to measure out the property within the time specified, the appellant issued Ext. A2 notice on 2-4-1991 to which respondents sent Ext. A4 reply.

(3.) In order to adjudicate the real controversy between the parties, it would be appropriate to find out the essential terms of Ext. A1 agreement of sale. Those terms are the following: