K. PALANI Vs. R. MADANA GOPAL

JUDGEMENT

(1.) This appeal is directed against the Judgment and Decree made in A.S.No.21 of 2011 by the IV Additional District Judge, Ponneri, confirming the Judgment and Decree passed by the Sub Court, Ponneri in O.S.No.63 of 2001. The unsuccessful defendants in the suit are the appellants herein. The suit was filed by the respondents for specific performance of the agreement of sale, dated 20.03.1995.

(2.) The case of the plaintiff, in brief, is that the defendants 1 and 2 are the absolute owners of the suit property and under an agreement of sale, dated 30.03.1995, they agreed to sell the property at Rs.1,150/- per cent and Rs.50,000/- was paid as earnest money. It is further averred in the plaint that the defendants received a sum of Rs.15,000/- on 09.07.1995; Rs.35,000/- on 24.03.1996 and Rs.50,000/- on 28.03.1996 and made endorsement in the sale agreement. The plaintiff also paid Rs.3,000/- on 15.10.1996 and Rs.15,000/- on 29.10.1996; Rs.3,000/- on 20.11.1996 and Rs.1,000/- on 11.09.1997 to meet out urgent needs of the defendants, but they avoided to make endorsement under some pretext or other. The plaintiff further stated that when he approached the defendants for payments of the balance sale consideration and to complete the sale, they postponed the same offering some lame excuses.

(3.) It is the case of the plaintiff that he was always ready and willing to perform his part of the contract under agreement of sale dated 30.03.1995. It is the further case of the plaintiff that when the plaintiff insisted the defendants in the 2nd week of November 1997 to receive the balance sale consideration and to complete the sale, they demanded a sum of Rs.1,750/- per cent, but the plaintiff refused to pay. Hence, a notice dated 29.11.1997 was issued calling upon the defendants to complete the contract. Though the defendants received the notice on 15.12.1997, but failed to comply the demand and hence, the suit.