B. YUVASURYA(MINOR) Vs. R. PANNEERSELVAM

JUDGEMENT

(1.) The appellant herein is the third defendant in the suit filed for specific performance. Aggrieved by the judgment and decree passed by the trial Court, the present appeal is filed.

(2.) Brief facts of the case is that, the plaintiff Panneerselvam entered into an agreement with the 1 st defendant Baskaran, his minor sons Yogesh and Yuvasuriya in respect of the suit property for a sale consideration of Rs.11,00,000/-. The first defendant received a sum of Rs.10,00,000/- towards advance and part of the sale price from the plaintiff and acknowledged the receipt of the same. The property belonged to the first defendant and the other two defendants were added as formal parties to the agreement by way of caution by the first defendant. The part of the sale consideration was received by the first defendant in three instalments viz., Rs.5,00,000/- on 15.12.2012; Rs.1,00,000/- on 12.02.2013 and Rs.4,00,000/- on the date of agreement i.e. on 30.01.2014. The balance of Rs.1,00,000/- was agreed to be paid by the plaintiff within a period of 15 months from the date of agreement. The sale agreement was duly registered on the file of the Sub Registrar, Vellore.

(3.) The original settlement deed executed by the mother of the first defendant in favour of the first defendant handed over to the plaintiff. The plaintiff was ready and willing to pay the balance sale consideration and get the sale deed executed at his cost and expressed the same to the first defendant during the last week of April 2015. The defendant gave evasive reply. Again on 29.04.2015, the plaintiff called upon the defendants and requested them to receive the balance sale consideration and execute the sale deed. The first defendant sought one week time to perform his part of contract expressing some personal reasons. But, the plaintiff came to know that the first defendant was negotiating with the third parties to sell the suit property for higher price. Hence, legal notice dated 04.05.2015 was issued to the defendants calling upon them to receive the balance sale consideration and execute the sale deed on his behalf and on behalf of defendants 2 and 3. The first defendant received the notice on 05.05.2015. But, he failed to reply the notice. Hence, suit for specific performance of the contract of sale dated 30.01.2014 and injunction restraining the defendants or their agent from alienating the suit property to any third party thereby creating any encumbrance over the suit property.