P. KENGADEVI Vs. R. KALAIARASI

JUDGEMENT

(1.) The 2nd defendant in O.S. No. 147 of 2012, a suit for specific performance, whose application for condonation of delay of 651 days in filing an application to set aside an ex parte decree was dismissed by the trial Court is on revision.

(2.) I have heard Mr. R. Thiagarajan, learned counsel appearing for the petitioner and Mr. C.T. Mohan, learned counsel appearing for the 1st respondents/plaintiff.

(3.) The suit was laid by the plaintiff seeking specific performance of an agreement of sale, dated 15.10.2009. According to the plaintiff the 1st defendant namely the owner of the property had agreed to sell the property to her for a consideration of Rs. 1,60,000/- and has received an advance of Rs. 95,000/- on the date of agreement. The balance of sale consideration is payable within six months from the date of the agreement. Claiming that despite demands, the 1st defendant did not come forward to execute the sale deed and the 1st defendant has sold the property to the 2nd defendant on 15.02.2010, disregarding the agreement, the plaintiff has sued for specific performance.