G.R.SAMPATH(DIED) Vs. C.P.MANICKARAJ

JUDGEMENT

(1.) In this First Appeal the unsuccessful plaintiff seeks to challenge the Judgment and Decree passed by the Additional District Court (Fast Tract Court No. I), Coimbatore in O.S.No. 295 of 2005. The case of the plaintiff and the defendants are herein below set out so as to appreciate the challenge to the said Judgment and Decree and the parties are referred to in the same rank as before the Trial Court.

(2.) The plaintiff had filed the above suit for specific performance of an agreement dtd. 04.11.2004. It is a case of the plaintiff that the 1st defendant and the husband of the 3rd defendant were brothers and the 2nd defendant is the son of the 1st defendant. Defendants 4 and 5 are the sons of the 3rd defendant. It is the case of the plaintiff that defendants 1 to 5 along with the late C.P.Krishnaraj had approached the plaintiff with an offer to sell the suit property to him.

(3.) Pursuant to negotiation, an agreement of sale dtd. 04.11.2004 was entered into between the plaintiff and the defendants, under which the total sale consideration for the property was fixed at a sum of Rs.5,50,000/-. The plaintiff had paid a sum of Rs. 50,000.00 as an advance. The time for executing the sale was fixed at 6 months. The plaintiff would submit that he has always ready and willing to go ahead with the sale. However, the defendants kept postponing the same under one pretext or the other. Thereafter, the plaintiff came to learn that the said defendants along with late C.P.Krishnaraj were taking steps to encumber the property. This prompted the plaintiff to issue a legal notice dtd. 30.01.2005 calling upon them to execute a sale deed within 10 days from the date of the receipt of the notice.