LAWS(MAD)-2010-3-677

B LEELAVATHI Vs. BALAJI

Decided On March 17, 2010
B. LEELAVATHI Appellant
V/S
BALAJI Respondents

JUDGEMENT

(1.) Challenge in this civil revision petition is to the order dated 11.12.2009 passed in Original Suit No. 148 of 2008 by the Fast Track Court (Additional District Court), Dindigul.

(2.) The Respondents herein as Plaintiffs have instituted Original Suit No. 148 of 2008 on the file of the Court below for the reliefs of specific performance and perpetual injunction, wherein the present revision Petitioner has been shown as sole Defendant.

(3.) It is averred in the plaint that the suit property is the absolute property of the Defendant and she has agreed to sell the same in favour of the Plaintiffs for a sum of Rs. 5,90,000/- and to that effect both the Plaintiffs and Defendant have executed a sale agreement dated 12.09.1998 and the Plaintiffs are always ready and willing to perform their part of contract. But the Defendant has refused to perform her part of contract and subsequently a notice has been issued to the Defendant and thereby called upon her to perform her part of contract. Even after receipt of the same, the Defendant has not come forward to execute a sale deed in favour of the Plaintiffs. Under the said circumstances, the present suit has been instituted for the reliefs sought for in the plaint.