R. ALAGU Vs. GOMATHIAMMAL

JUDGEMENT

(1.) CHALLENGE in this second appeal is to the judgment and decree dated 30.8.2007 passed in Appeal Suit No. 28 of 2006 by the District Court, Sivagangai, wherein the judgment and decree dated 27.4.2006 passed in Original Suit No. 18 of 2005 by the Additional Sub Court, Sivagangai are reversed.

(2.) THE respondents herein as plaintiffs have instituted Original Suit No. 18 of 2005 on the file of the trial Court praying to pass a decree of specific performance in their favour, wherein the present appellant has been shown as sole defendant.

(3.) THE nubble of the averments made in the plaint can be stated like thus: The suit properties are the absolute properties of the defendant. The defendant has agreed to sell the same to one Sethuraman Chettiar who is the husband of the first plaintiff and father of the plaintiffs 2 to 6 for a sum of Rs. 1,10,500/ -. Both of them have entered into a sale agreement dated 24.7.2002. On the date of execution of sale agreement, the said Sethuraman Chettiar has paid a sum of Rs. 81,500/ - to the defendant by way of advance and the defendant has agreed to execute a sale deed after receiving balance of consideration within a period of 6 months and 21 days. The said Sethu -raman Chettiar has always been ready and willing to perform his part of contract by way of paying balance of sale consideration. On 11.2.2003, he has given a legal notice to the defendant, wherein he expressed his read -iness and willingness to perform his part of contract and also directed the defendant to execute a sale deed as agreed by him. On 25.12.2003, he passed away leaving behind him the plaintiffs as his legal heirs. After his demise, the plaintiffs have demanded the defendant to execute a sale deed on various occasions. But the defendant has given evasive reply and ultimately on 14.7.2004 the plaintiffs have sent a legal notice to the defendant wherein also they expressed their readiness and willingness to get a sale deed from the defendant and even after receipt of the same, the defendant has failed to execute a sale deed in favour of the plaintiffs. Under the said circumstances, the present suit has been instituted for the relief sought for in the plaint.