MALLIKA Vs. RAMASUNDARAM

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree, passed in A.S.No.77 of 2006, dated 31.7.2006, on the file of the Subordinate Court, Mannargudi, confirming the judgment and decree, dated 5.12.2005, made in O.S.No.110 of 2004, on the file of the District Munsif Court, Mannargudi.

(2.) THE plaintiff in the suit, in O.S.No.110 of 2004, is the appellant in the present second appeal. THE defendants in the suit are the respondents herein. THE plaintiff had filed the suit for specific performance of the agreement of sale, dated 25.3.2001, marked as Ex.A-1. It has been stated that the plaint schedule property belonged to the defendants. THE defendants had agreed to sell the suit property to the plaintiff, by an agreement, dated 25.3.2001, for the sale consideration of Rs.35,000/-. On the same day, when the sale agreement had been entered into, the entire sale consideration had been paid by the plaintiff. Since, the defendants had not executed the sale deed, as per the agreement of sale, dated 25.3.2001, the plaintiff had issued a legal notice to the defendants, on 27.10.2003, calling upon the defendants to execute the sale deed. Since, the defendants had not come forward to execute the sale deed, in spite of having received the notice, the plaintiff had filed the suit, in O.S.No.110 of 2004, on the file of the District Munsif Court, Mannargudi.

(3.) BASED on the averments made on behalf of the plaintiff, as well as the defendants, the trial Court had framed the following issues for consideration: -1) Whether the defendants had agreed to sell the suit property to the plaintiff for a sum of Rs.35,000/- and executed a sale agreement, on 25.3.2001, after receiving the entire sale consideration? 2) Whether the plaintiff is entitled for the relief of specific performance of the sale agreement, dated 25.3.2001, entered into with the defendants? 3) To what relief-