M MANOHARADHAS Vs. C ARUMUGHAPERUMAL PILLAI

JUDGEMENT

(1.) SECOND defendant is the appellant. The first respondent/plaintiff filed the suit in O.S.No.67 of 1986 on the file of the Sub Court, Nagercoil, for a direction to the first defendant to execute a sale deed in favour of the plaintiff after directing the plaintiff to pay the balance sale consideration of Rs.9,400 and directing the defendant to hand over possession of plaint property to the plaintiff. The trial court granted a decree directing the first defendant to execute a sale deed. On appeal filed by the appellant/first defendant, the District Judge, Kanyakumari District at Nagercoil granted a decree against defendants 1 and 2 to execute a sale deed and hand over possession of the suit property, against which, this second appeal is preferred.

(2.) THE necessary facts for the purpose of this Second Appeal are as follows :-

(3.) THE first defendant, the vendor of the second defendant has remained ex parte and therefore, it can be taken that the first defendant after having entering into an agreement for sale on 14.5.1983, having received a substantial amount of Rs.20,000 to the total sale consideration of Rs. 29,400 is bound to execute the sale. In the meanwhile, the second defendant had purchased the property by sale deed dated 26.6.1985. THE case of the appellant/second defendant is that he was not aware of the existence of the sale agreement and therefore, the sale in his favour cannot be declared to be invalid.