KUPPAYEE Vs. P.SUBRAMANIAN

JUDGEMENT

(1.) Defeated defendants are appellants herein. The first respondent is the plaintiff in the suit in O.S.No.73 of 1998, on the file of the Subordinate Court at Namakkal. The suit was filed for specific performance of the sale agreement, dtd. 16/7/1994 executed by the appellants/defendants

(2.) As per the suit sale agreement, the property measuring an extent of 1.00 acre out of acre 1.08 in S.No.158/3, Reddipatti Village, Namakkal was agreed to be sold for a total sale consideration of Rs.1,22,000.00 and an advance of Rs.10,000.00 was paid on the date of the agreement. The balance sale consideration of Rs.1,12,000.00 was to be paid on or before 31/1/1995. The appellants/defendants 1 to 3 were required to obtain sub-division of the extent of acre 1.00 out of acre 1.08 and thereafter, execute the sale deed. On 16/9/1994, the 1st respondent/plaintiff paid a further sum of Rs.20,000.00towards part of the sale consideration and the appellants/defendants 1 to 3, acknowledged receipt of the same by making an endorsement in the sale agreement.

(3.) A sum of Rs.30,000.00 out of the total sale consideration of Rs.1,22,000.00 was paid by the 1st respondent/plaintiff to the appellants/defendants 1 to 3. Though the 1st respondent/plaintiff was already ready and willing to pay the balance sale consideration of Rs.92,000.00 and get the sale deed executed, the appellants/defendants 1 to 3 were evasive and lacked bonafide.