SIVA Vs. SUBHA RAMESH

JUDGEMENT

(1.) This Appeal Suit has been filed, against the judgement and decree, dtd. 27/4/2016, passed by the III Additional District Court, Salem, in OS.No.100 of 2014.

(2.) The suit was filed for specific performance of the sale agreement, dtd. 9/11/2012 and for permanent injunction and also for declaration of the gift settlement deed, dtd. 29/11/2013 executed, by the 1st Defendant in favour of the 2nd Defendant, as null and void and for costs.

(3.) The case of the Plaintiff is that the 1st Defendant had entered into a sale agreement, dtd. 9/11/2012, with the Plaintiff, in respect of suit property, for a total sale consideration of Rs.20,00,000.00 and an advance of Rs.17,00,000.00 was paid and possession and the documents were handed over to the Plaintiff. It was agreed that the sale should be completed within two years. Since the husband of the Plaintiff died on 19/7/2013, the sale could not be completed immediately. Taking advantage of the same, the 1st Defendant had executed a gift settlement deed, dtd. 29/11/2013, in favour of the 2nd Defendant. The Plaintiff has been ready and willing to perform her part of the contract. Since the 1st Defendant has been evading to complete the sale, a legal notice, dtd. 2/4/2014 was issued and a reply dtd. 9/4/2014, with false allegations, was sent. Since on 8/4/2014, the Defendants attempted to interfere with the possession of the Plaintiff, the suit had been filed, seeking the reliefs as stated above.