SANEEJA ABDUL SAGEER Vs. NATARAJAN

JUDGEMENT

(1.) The plaintiff in a suit for specific performance is the appellant. She assails the decree declining specific performance and granting return of the advance sale consideration.

(2.) Exts. A2 and A3 agreements for sale of immovable properties are sought to be specifically enforced. Ext. A2 agreement is dated 23.04.2003. It is executed between the first defendant and the plaintiff. The agreement relates to two items of properties; item 1, 11 cents which belongs absolutely to the first defendant and item 2, 3/5 shares belonging to the first defendant over an extent of 7 cents. The total sale consideration under Ext. A2 is Rs. 15,00,200/-, out of which an amount of Rs. 75,000/- is paid as advance sale consideration on the date of Ext. A2. The period fixed for performance was six months, subsequently, various payments were effected to the first defendant, as hereunder:-

(3.) Ext. A3 agreement dated 16.05.2003 is executed between the plaintiff and the second defendant. The second defendant is the sister of the first defendant. Ext. A3 agreement relates to the 1/5th share of the second defendant over the seven cents of property which is included as item no. 2 in Ext. A2 agreement, referred to supra. The total sale consideration fixed was Rs. 1,40,000/-, out of which an amount of Rs. 50,000/- is stated to have been paid towards advance sale consideration on the date of Ext. A3. The period fixed for performance is six months.