A. ATHIMUTHU MANOHARAN Vs. B THILAGAVATHI

JUDGEMENT

(1.) The defendants 1 and 2 are the appellants herein. The respondent No.1/plaintiff has filed a suit for specific performance of the suit Sale Agreement, dated 13.05.1994, wherein, the main relief in the suit is for specific performance of Sale Agreement which has culminated into Ex.A.4-Sale Agreement dated 11.03.1995. The defendants 1, 2 and 3 are the owners of the lay out.

(2.) The summary of the pleadings in the plaint is as under:-

(3.) The legal notice issued by the second defendant dated 13.02.1996 are all false. The plaintiff is not aware of the suit in O.S.No.70 of 1995 filed between the defendants. Thus, the plaintiff has paid a sum of Rs.1,15,000/- on 13.05.1994, Rs.3,00,000/- on 30.05.1994, Rs.1,40,000/- on 11.03.1995 and Rs.93,000/- on 25.03.1995. However, as the plaintiff came to know about the execution of Sale Agreement by the third defendant in favour of the fourth defendant, the same is not binding upon her. Thus, as per the Sale Agreement, after deduction of the amount already paid, namely, the sale consideration as per the sale agreement is Rs.18,52,085/-, advance amount paid by the plaintiff is Rs.6,48,000/-. The balance is Rs.12,04,085/-. In spite of the repeated demands made by the plaintiff, the defendants evaded execution of Sale Deed and hence, she has filed the about suit in O.S.No.29 of 2005.