S RAJU PILLAI Vs. PARAMASIVAM

JUDGEMENT

(1.) THE defendants are the appellants in this appeal.

(2.) THE suit is one for specific performance of an agreement dated7.5.1979. According plaintiffs, the first defendant is entitled to 3 1/2 cents of the suit property and the defendant is entitled to 21/2 cents and they jointly executed an agreement on marked as Ex.A-1. THE consideration agreed is Rs.11,700, out of which a sum of was received by the defendants by way of advance. As per the agreement, the plaintiff to take over the debt due under a loan agreement executed by the defendants in the plaintiff 's mother by name Maha-mayee Ammal. A sum of Rs.2,500 was towards that and the balance was to be paid by the plaintiff at the time of registration sale deed before the Sub Registrar. According to the plaintiff, he was always ready willing to perform his part of the contract but the defendants were not inclined to the sale deed. A notice was issued by the plaintiff on 4.7.1979 to the defendants. THE was accepted by the second defendant while the notice sent to the first defendant unserved. THE second defendant sent a reply on 12.7.1979 under Ex.A- 7. THE defendant stated that her husband might have got her thumb impression on the document without informing her of the contents of the same. It was also stated that she having good relationship with her husband. Thus the second defendant denied agreement.

(3.) LEARNED counsel for the appellants reiterated the contentions put forward defendants in the court below.