K KANDASAMY Vs. K P MUTHUSAMY

JUDGEMENT

(1.) This Appeal is directed against the judgment of the Trial Court, dismissed the suit filed for specific performance.

(2.) The Appellants are the plaintiff in the suit. The brief facts of the case is that on 25.11.2006, the plaintiffs and the defendants entered into an unregistered agreement for the sale of suit property. The defendants agreed to sale 2.56 acres of land, reserving 14 cents in their personal use. At the time of agreement it was stated by the defendants that it is an ancestral property devolved upon them under registered will dated 31.10.1979 and the registered partition deed dated 09.09.1996. The sale price was fixed as Rs.40,00,000/- and the plaintiff paid a sum of Rs.10,00,000/- as advance on the date of agreement and parties agreed for the payment of balance in three instalments are as below:-

(3.) The entire sale consideration should be paid on or before 25.10.2007 in default, the vendor agreed to forfeiture of the advance Rs.10,00,000/-. Subsequent to the said agreement, the plaintiffs learnt that the defendant No.3 have two daughters and they also have share in the ancestral property in view of the amendment to Section 6 of Hindu Succession Act, which came into effect on 09.09.2005. The plaintiffs were not informed about this fact and the agreement in respect of property, were minors also have a share. Being in real estate business having realised that the defendants are not the owner of the property exclusively issued notice dated 03.07.2007 to the defendants pointing out the defective title and requested the to cancel the agreement and return the advance money with interest. The defendants refused to do so and issued reply notice with untenable contention. Hence, repudiated the contract alleging that the defendants are guilty of misrepresentation and suppression of material facts.