MUTHUVELAN Vs. S.RAMESH

JUDGEMENT

(1.) The appellants are the defendants in O.S. No. 114 of 2007 on the file of the District Munsif, Nagapattinam. The respondent/plaintiff filed the said suit for specific performance of contract dtd. 14/11/2003 or in the alternative direct the defendants to pay a sum of Rs.42,266.00 together with interest @ 12% per annum for the advance amount of Rs.30,000.00 received by the defendants.

(2.) For the sake of convenience, the parties are referred to as per their ranking in the trial court and at appropriate places, their rank in the present appeal would also be indicated.

(3.) The brief facts of the case of the plaintiff is as follows: There was an agreement of sale dtd. 14/11/2003 (Ex. A1) between the plaintiff and the defendants in which the latter agreed to sell the suit property for Rs.73,875.00 at the rate of 125 per kuzhi (unit of measurement) and an advance amount of Rs.30,000.00 was paid to the defendants. It was also agreed upon that the defendants would liquidate their loan against this property with the Land Development Bank and the balance sale consideration would be paid within 5 months from the date of agreement and in case of default of any of the parties, Rs.3,000.00 was payable by the defaulting party. The plaintiff was ready with the balance sale consideration and the amount for purchase of stamp duty for execution of the sale deed, was made to wait by the defendant who dragged the matter. When many attempts to bring in the defendants for executing the sale deed went in vain, the plaintiff issued a legal notice dtd. 26/12/2005 (Ex. A2) and again another legal notice on 19/3/2007 (Ex. A3) after which the defendants gave a reply dtd. 9/4/2007 (Ex. A4) clearly refusing to execute the sale deed by stating that they were no more interested to sell the suit property. Hence the suit for specific performance of contract.