N. VENKATESH, Vs. D.V.D MONTE,

JUDGEMENT

(1.) THIS suit has been filed by the plaintiffs for specific performance of the agreement dated 13.5.1981 and direct the defendants to execute the sale deed in favour of the plaintiffs or their nomines as per the terms of the agreement on payment of the balance of consideration of Rs.4,90,896/ - and if the defendants fail to execute the sale deed, direct them to put possession of the suit property with other reliefs as mentioned in the plaint.

(2.) THE plaint averments are as follows:

(3.) THE first defendant filed further additional written statement stating that for the plaint filed in 1990, now only by way of amendment in 1995, the plaintiffs state about their readiness and willingness to specifically perform the contract; that it exposes the lack of bona fides on the part of the plaintiffs and it shows that from the inception they have not been so ready; that the relief for damages as an alternate remedy is for breach of contract dated 13.5.1981, and hence, this claim is barred by limitation because the amendment was allowed on 23.4.1998. Hence the claim is to be rejected.