ADILINGAM Vs. NARAYANAN

JUDGEMENT

(1.) DEFENDANTS 2 and 4 are the appellants.

(2.) THE first respondent filed the suit for specific performance of an agreement of sale dated 5.5.1993 executed by the father of the appellants and respondents 2 to 8 agreeing to sell the suit property at the rate of Rs.300/= per cent and received an advance of Rs.25,950/= and nine months time was fixed for payment of balance sale consideration of Rs.1,29,850/=. As the father of the appellant Mahalingam failed to execute the sale deed, the suit was filed by the first respondent for specific performance. The case of the first respondent was that the suit property belonged to Mahalingam, the deceased first defendant and it was his separate property and he agreed to sell the suit property for Rs.300/= per cent and received Rs.25,950/= and executed the agreement of sale dated 5.5.1993 and thereafter, he did not evince any interest and therefore, the first respondent issued notice dated 8.9.1993 calling upon the deceased first defendant to execute the sale deed on receipt of balance sale consideration and the deceased first defendant admitted the execution of the agreement of sale and sent a reply on 7.10.1993 stating that without consulting his sons, he had executed the agreement of sale and the properties are the joint family properties of himself and the sons and the sons are objecting to the same and requested the first respondent to cancel the agreement and get back the advance amount.

(3.) THE first appellant and the second respondent sent reply stating that by practising fraud on their father, the agreement was obtained for a low price and the properties belong to them jointly and therefore, requested the first respondent to cancel the agreement and get back the advance. As the deceased first defendant failed to execute the sale deed, the suit was filed for specific performance.