T. SENTHILKUMAR Vs. K. PALANISAMY

JUDGEMENT

(1.) The defendants in the suit are the appellants and the plaintiff in the suit is the respondent. The defendants/appellants herein, having suffered the decree for specific performance granted by the learned trial Court in favour of the plaintiff/respondent herein, has filed this first appeal.

(2.) For the sake of convenience, the parties will be referred to as arrayed in the original suit.

(3.) Brief facts leading to the filing of this appeal are stated below:- The property in question viz. an extent of 2 acres comprised in S.F.Nos.73/1B and 73/2 in Neruperichal Vilalge, Tirupur Taluk, originally belonged to one N.Ramasamy, son of Nallasamy Gounder, and one P.Thangavelu, father of defendants 1, 3 to 5 and the husband of second defendant as per the sale deed dated 10.03.2003 bearing Document No.1598 of 2003 registered on the file of Sub-Registrar Office, Tiruppur. Subsequently, the said N.Ramasamy sold his share of property viz. 1 acre, with the consent of Thangavelu, to the first defendant/T.Senthilkumar through a registered sale deed dated 21.06.2005 bearing Document No.5928 of 2005 on the file of Sub-Registrar Office, Tiruppur. The aforesaid two sale deeds were marked as Ex.A4 and Ex.A5 before the learned trial Court. While the first defendant and his father/P.Thangavelu were in peaceful possession and enjoyment of the properties, in the year 2007, both of them said to have entered into a sale agreement on 03.12.2007 with the plaintiff for selling the aforesaid two properties, namely, Exs.A4 and A5, for a total sale consideration of Rs.50 lakhs (Rs.25 lakhs per acre). On the date of agreement for sale, the first defendant and his father/P.Thangavelu said to have received Rs.20 lakhs with a condition to pay the remaining amount of Rs.30 lakhs within one year from 03.12.2007. Thereafter, the plaintiff said to have paid further sum of Rs.15 lakhs and Rs.10 lakhs on 05.05.2008 and 03.11.2008 respectively towards the part of sale consideration. However, despite receiving Rs.45 lakhs out of total sale consideration of Rs.50 lakhs, since the defendants have not come forward to execute the sale deed, the plaintiff has filed a suit for specific performance of the contract directing the defendants to execute a sale deed in favour of the plaintiff as per the terms of the agreement for sale dated 03.12.2007.