VEERAMMAL AND ORS Vs. P SELVI

JUDGEMENT

(1.) Heard both sides

(2.) The defendant in O.S. No. 937 of 2003 are the revision petitioners. The suit O.S. No. 937 of 2003, on the file of the Principal District Judge, Madurai was filed by the respondent for specific performance of an agreement of sale executed by the defendants/revision petitioners on 02.09.2001.

(3.) The case of the respondent/plaintiff in the plaint was that the suit property was purchased by the first defendant viz., the 1st revision petitioner herein from one Veerammal, under a registered sale dated, dated 27.08.1980 and the defendants 2 to 5 are the children of the 5th defendant. On 02.09.2001, the defendants borrowed a sum of Rs. 12,000/- as earnest money from the plaintiff and agreed to sell the property and treated the debt of Rs. 12,000/- as earnest money and the balance sale consideration was payable at the time of execution of the sale deed. The plaintiff was willing to pay the balance amount and was ready to get the sale deed executed, but the defendants evaded and therefore, a notice was sent through lawyer directing the defendants to execute the sale deed as per the agreement deed and the notices were received by the first defendant, but no reply was sent. Another notice was sent to all the defendants and they also did not come forward to execute the sale deed and hence, the suit was filed.