M.MOHIDEEN PITCHAI Vs. SAHUL HAMEETHU

JUDGEMENT

(1.) The plaintiff in a suit for specific performance has approached this Court, after having successively lost his suit before both the courts below.

(2.) The case of the plaintiff is that the suit property was one integrated the property originally belong to the defendant and his brother Mytheen Pitchai that there was some oral partition between the brothers in which northern half was allotted to the share of Mytheen Pitchai and that the plaintiff has purchased the same on 21.11.2008 under Ex.A.2. As regards southern half, the plaintiff has entered into an agreement of sale with the defendants Vide Ex.A.1 sale agreement dated 24.08.2011. The property dealt with under Ex.A.1 is described in the 3rd schedule to the plaint.

(3.) The total sale consideration by the plaintiff is fixed at Rs.3.25 lakhs out of which the plaintiff had paid Rs.1 lakh to the defendant on the date of agreement. The balance sale consideration of Rs.1.5 lakhs was required to be paid within a period of 4 months. According to the plaintiff, on 24.08.2011 she had paid another sum of Rs.25,000/- to the defendant towards part payment of sale consideration but did not obtain any receipt for the same. As the defendant evaded execution of the sale deed, she laid the suit for specific performance after issuing necessary legal notice.