SEBASTHIAN Vs. SHAKUL HAMEED

JUDGEMENT

(1.) These second appeals have been preferred against the concurrent Judgments and decrees passed in Original Suit Nos. 66 of 2000 and 78 of 2000 by the Sub Court, Kuzhithurai and in Appeal Suit Nos. 17 and 18 of 2008 by the District Court, Kanyakumari District at Nagercoil. Likewise, these Civil Revision Petitions have been preferred against the orders passed in E.A. Nos. 206 and 207 of 2006 and in E.A. Nos. 245 and 246 of 2010 in E.A. No. 206 of 2006 and in E.A. No. 247 of 2010 in E.A. No. 207 of 2006 by the Sub Court, Kuzhithurai.

(2.) The Respondent in Second Appeal No. 241 of 2010 as Plaintiff has instituted Original Suit No. 66 of 2000 for the relief of specific performance, wherein the Appellants in Second Appeal No. 241 of 2010 have been shown as Defendants.

(3.) It is averred in the plaint filed in Original Suit No. 66 of 2000 that the Defendants are the absolute owners of the suit property and they agreed to sell the same in favour of the Plaintiff for a sum of Rs. 4,75,000/-and to that effect a registered sale agreement has come into existence on 19.11.1999. The Defendants have agreed to execute a sale deed in favour of the Plaintiff within a period of four months after receipt of balance of sale consideration of Rs. 1,75,000/-. The Defendants have failed to execute a sale deed as contemplated in the sale agreement dated 19.11.1999 and subsequently the Defendants have executed an extension deed dated 15.03.2000, wherein the Defendants have agreed to execute a sale deed within a period of two months. The Defendants are not ready to execute a sale deed in favour of the Plaintiff and subsequently exchange of notices has occurred and even after exchange of notices, the Defendants have failed to execute a sale deed in favour of the Plaintiff. Under the said circumstances, the present suit has been instituted for the relief sought for therein.