GOVINDASAMY GOUNDER Vs. ANNAMALAI

JUDGEMENT

(1.) The Plaintiff in O.S. No. 432 of 1983 on the file of the Additional District Munsif's Court, Tirupattur is the Appellant.

(2.) The Plaintiff filed the suit for specific performance of an agreement of sale dated 5.3.1983 executed by the 1st Defendant in his favour in respect of the suit property agreeing to sell the same for consideration of Rs. 7,975/-and paid an advance of Rs. 250/- As per the agreement of sale, the balance of sale consideration has to be paid on or before 5.6.1983 and the Appellant is always ready to pay the balance consideration and get the document registered and the Defendants with a view to avoid the contract made the 2nd Defendant who is the son of the 1st Defendant to issue a notice stating that he has got half share in the property and the agreement of sale will not bind him. Hence, the suit was filed for specific performance.

(3.) The 1st Respondent/ 1st Defendant contested the suit stating that he has not executed the agreement of sale as alleged by the Appellant/ Plaintiff and the signature found in the agreement of sale is not of the 1st Defendant and it was a forged one and due to his illness he was not able to reply to the notice sent by the Appellant/ Plaintiff and the 2nd Defendant is having half share in the suit property.