VIJAYA RAGAVAN Vs. N. M. THANGAVEL

JUDGEMENT

(1.) The Appeal is preferred by the defendants against the judgment and decree passed by the Trial Court in the suit for specific performance, wherein the alternate relief for refund of advance money granted.

(2.) On 06.02.2003 one Mr.Vijayaragavan/1 st defendant along with his father Venkatraman entered into an agreement of sale with one N.M.Thangavel in respect of a commercial building for a sum of Rs.18,00,000/-. A sum of Rs.3,00,000/- was paid in advance on the date of agreement and further sum of Rs.7,00,000/- was paid on 05.03.2003. Before completion of the sale transaction, the said Venkataraman died leaving behind his wife, son and daughter.

(3.) The agreement holder during the lifetime of Venkataraman requested the vendor to execute the sale deed receiving the balance sale consideration, but they were postponing the same. After the demise of Venkataraman again he requested the defendants to execute the sale deed. No possible response was forthcoming from them so, he sent a registered notice dated 26.07.2006 calling upon the defendants 1 to 3 to execute the sale deed free of encumbrances was issued. Then, the plaintiff came to know that the defendants 1 to 3 had conveyed the suit property in favour of defendants 4 & 5. The said said deed is a shame and nominal document. The purchaser defendant No.4 & 5 were aware of the previous agreement in favour of the plaintiff. The plaintiff is ready and willing to pay the balance consideration and get the deed executed. Hence, he is entitled for the relief of specific performance or in alternate without prejudice to the main relief of specific performance, refund of advance money was prayed.