S GANANATHA PERUMAL Vs. S VALLIAPPAN

JUDGEMENT

(1.) THIS appeal has been preferred by the unsuccessful defendant against the judgment and decree dated 15.04.1998 made in O.S.No.2265 of 1997 on the file of the IV Additional Judge, City Civil Court, Chennai.

(2.) THE following are the averments in the plaint succinctly stated: 2.1. On 07.07.1980, the defendant entered into a sale agreement with the plaintiff in respect of the property in question for a sum of Rs.4,50,000/-. THE defendant agreed to execute the sale deed in favour of the plaintiff after completing all the formalities, besides producing encumbrance certificate for 15 years and to hand over the title deeds. Pursuant to the agreement, a sum of Rs.3,000/- was paid as advance by the plaintiff. While so, in spite of repeated demands, the defendant failed to produce the original title deeds and also patta pertaining to the property in question. 2.2. Under such circumstances, the plaintiff gave a telegram to the defendant calling upon him to produce and deposit all original title deeds, but his efforts went in vain, as a result of which, he filed a suit in O.S.No.6145 of 1980 on the file of the Civil Court Court, Chennai, for a permanent injunction restraining the defendant from selling the property in question and he also obtained interim order of status quo till the disposal of the above-said suit. 2.3. Due to the inaction on the part of the defendant, the plaintiff filed a suit for specific performance of the sale agreement, dated 07.07.1980. THEre are no laches on the part of the plaintiff. Since the plaintiff had 45 days time after the defendant submitted all the required documents to execute the sale deed, the plaintiff is always ready and willing to perform his obligations. Since the defendant has failed to execute the sale deed, the plaintiff has filed the above-said suit for a direction to the defendant to execute and register the sale deed in favour of the plaintiff or his nominee as per the sale agreement dated 07.07.1980 in respect of the schedule mentioned property.

(3.) AFTER analysing the pleadings and evidence on record, the learned IV Additional Judge, City Civil Court, Chennai, decreed the suit directing specific performance of contract by execution of sale deed by the defendant on his depositing of Rs.4,46,999/- by the plaintiff, in default, the sale deed be executed by the Court. Aggrieved by the said judgment, the defendant is before this Court with this appeal.