M INAYADULLA Vs. P PALANISAMY

JUDGEMENT

(1.) HEARD.

(2.) THIS appeal suit is filed under Section 96 of the CPC, challenging the judgment and decree in O.S.No.43 of 1994 dated 09.12.1998 on the file of the Additional Sub Court, Erode.

(3.) THE case of the appellant/plaintiff was that the suit properties are situated in THEnmugam Vellode Village, Perundurai Taluk. It absolutely belonged to the defendants (respondents) as per the registered Partition Deed dated 26.03.1990. THE defendants wanted to sell the suit properties due to family necessity and they made their intention to sell the properties and as the appellant was interested in purchasing the property, he negotiated with the defendants and the sale price was arrived at Rs.3,25,000/-. On 05.11.1992, the appellant and the respondents had entered into an agreement for sale of the suit properties free from encumbrance and the agreed price was Rs.3,25,000/-. THE appellant/plaintiff had paid Rs.3,00,000/- towards the sale price and advance as well as part performance of the sale transaction to the defendants. THE agreement for sale was executed by both sides on that day and the original registered Partition Deed dated 26.03.1990 was also given to the appellant. At the time of agreement, no time limit was stipulated and it was not an essential part of the contract. As per the agreement for sale, the appellant had to pay the balance of Rs.25,000/- within six months from the date of agreement that was on or before 05.05.1993. It was also stated that the appellant was put in possession of the suit property from the date of agreement and he was in possession and enjoyment of the property. THE appellant was always ready and willing to perform his part of the contract and the respondents were directed to perform their part of the contract on receipt of the balance sale price. But the respondents were evading their obligation. THE first respondent was also instigating certain anti-social elements who came to the plaintiff on 06.02.1993 and attempted to tres-pass into the suit properties. THErefore, the appellant filed the suit in O.S.No.257 of 1993 on the file of the District Munsif Court, Erode to safeguard his possession. Even after filing of the suit, the respondents failed to comply with the agreement. THErefore, a legal notice was sent on 17.05.1993 calling upon the respondent to fix a day, time and place for receiving the balance of Rs.25,000/- and to execute the sale deed. Even after the receipt of the acknowledgment, there was no reply from the respondents. THE suit was filed by presenting the plaint dated 30.10.1993.