P.SANKAR Vs. SUNDARAMOORTHY

JUDGEMENT

(1.) The judgement and decree dated 11.10.2013 passed in O.S.No.108 of 2006 is under challenge in the present First Appeal.

(2.) The plaintiff is the appellant in the First Appeal and the defendants are the respondents in the First Appeal. The suit was instituted for specific performance and the contention of the plaintiff before the Trial Court was that the first defendant offered to sell the plaint schedule property to the plaintiff for a sum of Rs.5,15,000/- and entered into a written sale agreement on 11.02.2004. On the said date of agreement, the plaintiff paid an advance amount of Rs.2,00,000/- and agreed to pay the balance on fulfilment of conditions scribed in the agreement. The plaintiff states that he was ready and willing to perform his part of contract but the defendant was postponing the same without any reason. Thus, on 03.03.2006, the plaintiff issued a pre-suit notice to the first defendant calling upon him to perform his portion of the contract.

(3.) It is stated that the first defendant in order to defraud the plaintiff disposed the suit property in favour of the second defendant after receipt of the pre-suit notice. The second defendant was fully aware of the sale agreement between the plaintiff and the first defendant. Therefore, the sale by the first defendant in favour of the second defendant is non-est, void ab-initio. The second defendant is not a bonafide purchaser. Hence, the plaintiff made a relief of specific performance for execution of sale deed in respect of the suit property on receipt of the balance sale consideration of Rs.3,15,000/-.