THANGARAJ Vs. R. VENKATACHALAM

JUDGEMENT

(1.) Challenge in this second appeal is made to the Judgment and decree dated 29.08.2005 passed in A.S.No.27 of 2002 on the file of the Subordinate Court, Namakkal, confirming the judgment and decree dated 28.11.2000 passed in O.S.No.123 of 1996 on the file of the District Munsif Court, Rasipuram.

(2.) The third defendant in O.S.No.123 of 1996 is the appellant in this second appeal.

(3.) The suit has been laid by the plaintiff against the defendants seeking for the relief of specific performance and according to the plaintiff, the suit property belonged to the second defendant and based on the power of attorney obtained from the second defendant on 06.05.1992, the first defendant entered into a sale agreement with the plaintiff qua the suit property on 10.07.1995 for a sum of Rs.27,000/- and entrusted the possession of the suit property and on the date of the sale agreement, a sum of Rs.22,000/- was paid as advance by the plaintiff and the balance amount is agreed to be paid by the plaintiff within six months from the date of the agreement and the plaintiff has always been ready and willing to perform his part of the contract and also expressed his willingness to the first defendant. However, the first defendant had been postponing the execution of the sale deed pursuant to the sale agreement and consequentially, the legal notice has been issued by the plaintiff and it has been deliberately refused by the defendants and though the plaintiff has been ready to part with the balance sale consideration and obtain the execution of the sale deed, the first defendant failed to comply with the terms of the sale agreement and as the second defendant had passed away, his LR has been impleaded as the third defendant in the suit and hence, according to the plaintiff, he has been necessitated to levy the suit for the relief of specific performance.