SURYGANDHI Vs. LOURDSWAMY

JUDGEMENT

(1.) The second appeal has been preferred by the defendant in O. S. No. 253 of 1989 on the file of the Principal District Munsif, Pondicherry being aggrieved by the judgment and decree of the learned II Additional District Judge, Pondicherry made in A. S. No. 137 of 1990 dated 24-4-1992 in reversing the judgment and decree of the Principal District Munsif, Pondicherry dated 27-8-1990 made in O. S. No. 253 of 1989 and granting a decree for specific performance.

(2.) Heard Mrs. Chitra Sampath, learned counsel appearing for the appellant and Mr. G. Rajan, learned counsel appearing for the respondent. For convenience, the parties will be referred as arrayed before the trial Court.

(3.) The plaintiff instituted the suit O. S. No. 258 of 1989 on the file of the Principal District Munsif, Pondicherry for specific performance of the agreement to sell. The plaintiffs case is summarised here: The defendant, the owner of the suit property agreed to sell the southern half of the suit property for a consideration of Rs. 41,250/- after receiving Rs. 1000/- as advance on 12-5-1977. The defendant executed an agreement to sell on 12-5-1977. The defendant also handed over possession of the suit property to the plaintiff on 12-5-1977. On 18-6-1980 the defendant executed another agreement for sale in respect of the entire suit property which is in possession of the plaintiff for a consideration of Rs. 10,000/- and received a sum of Rs. 3500/- towards advance. In terms of the said agreement, the defendant agreed to convey the suit property in favour of the plaintiff within six months after handing over the original title deeds and nil encumbrance certificate. The plaintiff was always ready and willing to perform his part of the contract and was ready to pay the balance sum of Rs. 5500/-, which the defendant was evading. After causing notice, the present suit has been instituted as the plaintiff came to know that the defendant is trying to sell the suit property in favour of a third party. On the said pleadings, the plaintiff has instituted the suit for specific performance by presenting the Plaint on 28-3-1989 and it was taken on file on 29-3-1988.