MALAIYAMMAL Vs. M. JOTHIMANI

JUDGEMENT

(1.) This Civil Miscellaneous Petition is filed to condone delay of 2527 days in filing the above first appeal against the judgment and decree dated 24.08.2011 in O.S.No.148 of 2008 on the file of the learned Additional District Judge, Fast Track No.II, Tiruchirappalli.

(2.) Heard the learned counsel for the petitioners/appellants and the learned counsel for the first respondent and perused the records.

(3.) It is seen from the affidavit that the first respondent as the plaintiff filed the suit for specific performance based on 13.04.2007 agreement. The total sale consideration was 11 lakhs out of which one lakh was paid as advance and a time of 45 days was stipulated for paying the balance and completing the transaction. The legal notice sent on 27.11.2007 was replied on 05.12.2007. Even thereafter, the plaintiff did not act and only on 04.09.2008, the suit was filed. The petitioners/appellants entered appearance through their advocate and contested the matter by filing written statement and the case of the plaintiff had been vehemently denied. Since the plaintiff/1st respondent herein was not ready and willing and they had their pressing needs, sale deeds were executed in favour of defendants 3 and 4.