MARIAMMAL Vs. SELLAVEL

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated 19.02.1998 passed by the learned Principal District Judge, Erode, in A.S.No.168 of 1997, whereby the judgment and decree passed by the learned Subordinate Judge, Bhavani, dated 03.03.1997 in O.S.No.340 of 1996 were set aside.

(2.) THE appellant is the defendant and the respondent is the plaintiff, who filed the suit for specific performance of the contract entered into between the parties with regard to the sale of suit property. To avoid confusion, the parties are hereafter described as they were arrayed in the suit. According to the plaintiff, the defendant agreed to sell the suit property to the plaintiff for a sale consideration of Rs.4,500/- by a sale agreement dated 30.03.1977 and she received an advance of Rs.10/- and agreed to execute a sale deed on payment of the balance amount within a period of seven years i.e.till 30.03.1984. Before the completion of seven years, at the request of the plaintiff, time was extended for another ten years from 30.03.1984 to complete the sale under a sale agreement entered into between the parties on 11.07.1983. Though the plaintiff has been ready and willing to pay the balance amount, the defendant has been postponing the execution of the sale deed for one reason or other and as such, he issued a legal notice to the defendant on 03.06.1989 calling upon her to receive the balance sale price and execute the sale deed. On receipt of the notice, the defendant did not give any reply nor execute the sale deed in favour of the plaintiff. Hence, the suit.

(3.) AT the time of admission of the second appeal, this Court has formulated the following substantial questions of law for consideration: (1) When the plaintiff is not a signatory to Ex.A-2, Agreement of Sale and no consideration was passed, whether it can be considered to be a completed contract capable of being enforced " (2) When the plaintiff has not let in any evidence to prove his readiness and willingness for a period of 20 years from the date of agreement till date of decree, whether the relief of specific performance could have been granted " When the matter was taken up on 07.04.2011, the following additional substantial question of law has been framed for consideration in the presence of both parties: Whether the discretionary relief of specific performance can be granted when there is an inordinate delay in seeking to enforce an agreement of sale "