L SELVARAJ Vs. T PADMAVATHI

JUDGEMENT

(1.) This appeal has been preferred against the judgment and decree of the VII Additional Judge, City Civil Court, Chennai dated 30.8.2001 made in O.S.No.7858 of 1996.

(2.) The plaintiff in the said suit is the appellant herein. The suit was filed against one S.N.S.Thirumal (since dead) and D.Padmavathi, the respondent herein arraying them as defendants 1 and 2 respectively, for the relief of specific performance based on an alleged agreement for sale dated 24.6.1988. Since the said S.N.S.Thirumal died during the pendency of the suit, the suit was continued against the respondent alone after getting her recorded also as the legal heir of the deceased S.N.S.Thirumal.

(3.) The plaint averments based on which the appellant/plaintiff had sought for the said relief can be summarised as follows: The house bearing Door No.1, 21st Avenue, Ashok Nagar, Chennai - 83, more fully described as the plaint schedule absolutely belongs to the respondent herein/2nd defendant. The deceased S.N.S.Thirumal (first defendant) was the father of the respondent/2nd defendant. The respondent and her father entered into an agreement with the appellant/plaintiff on 24.6.1988 for the sale of the suit property to the appellant/plaintiff for a sale consideration of Rs.10,00,000/-. Even though the property absolutely belonged to the respondent herein/2nd defendant, by way of abundant caution her father viz., the first defendant was also made a party to the said agreement for sale. On the date of agreement itself a sum of Rs.3,00,000/- was paid by the appellant/plaintiff to the defendants as advance and part payment of sale consideration. On the date of agreement itself all the title deeds relating to the suit property were handed over to the appellant/plaintiff. As per the terms of the agreement, the defendants had to obtain and produce Income Tax clearance certificate within three months and execute a sale deed in favour of the appellant/plaintiff. However, the defendants failed to do so even though the appellant/plaintiff was ready and willing, right from the date of agreement, to pay the balance sale consideration and get the sale deed executed and registered in his name. Despite the oral demands made by the appellant /plaintiff, the defendants failed to produce Income tax clearance certificate and evaded execution of the sale deed. At last the appellant/plaintiff had to issue a notice through an advocate calling upon the defendants to produce Income tax clearance certificate and execute the sale deed in favour of the plaintiff after receiving the balance amount of sale consideration. But there was no response even for the said notice sent through the advocate. Therefore, the appellant/plaintiff was forced to approach the Court by filing the suit for the relief of specific performance.