ALAMELUMANGAI Vs. A KRISHNAVENI

JUDGEMENT

(1.) THE unsuccessful plaintiff is the appellant herein.

(2.) THE plaintiff filed the suit for specific performance of an agreement of sale dated 03.01.1989. The case of the plaintiff is that the defendant agreed to sell the property to the plaintiff for a consideration of Rs.62,000/ - and the agreement of sale was entered into between the parties on 03.01.1989 and a sum of Rs.46,500/ - was paid on that date. As per the agreement, the sale has to be executed on or before 11.02.1989. But thereafter, the period was extended upto 16.09.1989 and an endorsement was also made on the reverse side of the agreement of sale and the defendant also agreed to make good the deficit to the plaintiff if it is found that the property agreed to be sold is lesser in extent and on that date of agreement itself, possession was handed over to the plaintiff and on 15.09.1989, the plaintiff sent a telegram to the defendant calling upon her to execute the sale deed after the receipt of the balance sale consideration. The defendant sent a reply containing false allegations. On 16.09.1989, the plaintiff waited in the Sub Registrar Office, Periyakulam, expecting the defendant to come and execute the sale deed. But the defendant did not come and therefore, she filed an objection petition before the Sub Registrar not to register any sale deed in respect of the suit property. Thereafter, the defendant sent a notice dated 03.10.1989, containing false allegations and as the defendant failed to execute the sale deed as per the agreement of sale, the suit was filed for specific performance.

(3.) THE Trial Court held that the plaintiff was not ready and willing to perform her part of the contract. Therefore, she is not entitled to the discretionary relief of specific performance and hence, dismissed the suit. The First Appellate Court also concurred with the findings of the Trial Court and the First Appellate Court independently appraised the evidence and held that the plaintiff is not entitled to the relief and dismissed the appeal. Aggrieved against the same, this Second Appeal is filed.