A.NITHYANANDAM Vs. M.MAYLSAMY

JUDGEMENT

(1.) Aggrieved over the reversal of the decree for specific performance by the First Appellate Court, the appellant has preferred the above Second Appeal.

(2.) For the sake of convenience, the parties are called as per their ranking in the Suit.

(3.) According to the plaintiff, the defendants are husband and wife. They were desirous of selling the suit property and the plaintiff desired to purchase the same. Both the parties orally negotiated and settled the terms and conditions on 22/11/2007 and this was confirmed by an agreement between them on the same date. The essential terms were: (i) sale price is Rs.6,00,000.00, (ii) extent 25 cents in S.F. No. 255, (iii) Advance Rs.5,00,000.00, (iv) no date was fixed for executing the sale deed. The defendants derived title under sale deed dtd. 29/5/1998 which is the plaint document No. 6. The defendants assured to produce original title deeds along with Encumbrance Certificate for 13 years and sought some time. The advance amount was paid in the presence of the witness and it was acknowledged by the defendants in the agreement itself. While the plaintiff was ready and willing to get the sale deed executed, as per the agreed terms and was waiting for the defendants to produce the original title deeds with Encumbrance Certificate for 13 years and then execute the sale. The defendants sought for time. Hence, the plaintiff issued a notice on 13/6/2008, which the defendants received and sent a reply on 3/7/2008 pretending as if there was no agreement and wanted a copy of the agreement. The plaintiff immediately complied with the request of the defendants by way of reply notice dtd. 10/7/2008 and sent a copy of the agreement. Even though the plaintiff was ready and willing to get the sale deed executed as per the terms of the agreement, from the date of the agreement continuously and also applied for execution of sale deed, the defendants committed breach of contract. The plaintiff got means to purchase and still ready and willing to abide by the terms and conditions of the agreement. He has remitted almost the major portion of price and he sought for specific performance and permanent injunction restraining the defendants from executing any sale in favour of third parties.