KRISHNAMOORTHY Vs. MANGAIRKARASI, RAMESH, VASANTHI AND ORS

JUDGEMENT

(1.) The plaintiff who lost his case successively before the trial court and first Appellate Court for specific performance of execution of Sale Agreement dated 16.07.1993 has brought this Second Appeal before this Court.

(2.) This Court has framed the following Substantial Questions of Law:

(3.) It was submitted by the learned counsel appearing for the appellant that though the suit property originally belonged to Govindaswamy Thambiran, Subsequently, it was purchased by Mani alias Subramanian, the husband of the first defendant/the respondent herein and father of the defendents 2 to 6 by virtue of a Sale Deed dated 16.07.1993. After the purchase of that property, infact the plaintiff was also interested to purchase the suit property but as on the date of purchase, he was not having the sufficient means with wherewithal. Suit land was purchased by the husband of the first defendan Mani alias Subramanian. Therefore, on the same date Sale Agreement dated 16.07.1993 was also executed agreeing to sell the suit property to the plaintiff for a sum of Rs.1,40,000/-. On the said date, though the husband of the D1 also received a sum of Rs.2,000/- as advance, the balance amount of Rs.1,38,000/- was agreed to be paid by the plaintiff within a period of 2 years namely on or before 15.07.1995.