K MANOHARAN Vs. T JANAKI AMMAL

JUDGEMENT

(1.) BEING aggrieved by the dismissal of his Suit for Specific Performance in O.S. No.2 of 2010, unsuccessful Plaintiff has preferred A.S. No.291 of 2011. BEING aggrieved by the direction of the Trial Court to pay costs to the Plaintiff, the Defendants 1 to 3 have preferred Appeal in A.S. No.472 of 2011. For convenience, the parties are referred as per their array in the Suit.

(2.) DEFENDANTS 1 to 3 are the owners of the suit property in Kallakurichl village. The suit property is a vacant land measuring a total extent of 3.16 acres in Survey Nos.63/3 (35 cents), 63/4 (45 cents), 63/6 (57 cents), 63/7 (1.401/2 acres), 63/8 (8 cents), 63/9 (19 cents) & 63/10 (7 cents) and path way to an extent of 41/2 cents respectively in Porpadakurichi village Panchayat in Kaiiakurichi panchayat Union. The suit property was allotted to the 1st Defendant through a family Settlement Deed dated 25.6.2008. The DEFENDANTS 1 to 3 agreed to sell the suit property to the Plaintiff and paid an advance of Rs.1,00,000/-. The total sale consideration was agreed at Rs.42,66000/-. On 13.7.2009, DEFENDANTS 1 to 3 have entered into Ex.A.1 -Agreement of Sale and on the same day paid further amount of Rs.24,00,900/-towards sale consideration. Balance amount of Rs.47,66,000/- has to be paid within a period of 214 months i.e., before 30.9.2009.

(3.) OCT the above pleadings, relevant Issues were framed. The Plaintiff examined himself as PW1 and Agreement of Sale was marked as Ex.A.1. 2nd Defendant was examined as DW1 and witness to Ex.A.1 - Agreement of Sale was examined as DW2. Agreement of Sale executed by the Plaintiff with one Veerasamy for selling one of the plot in the suit property was marked as Ex.B.1.