RATCHAGAR Vs. ANTHONI AMMAL

JUDGEMENT

(1.) This appeal suit arises out of the judgment and decree, dtd. 15/6/2009, passed by the learned Principal District Judge, Cuddalore, in Original Suit No.108 of 2008.

(2.) The sole plaintiff before the Court below is the appellant herein. Pending this appeal, the sole plaintiff died on 1/7/2015 and therefore, his legal heirs were brought on record as appellants 2 to 4.

(3.) The sole plaintiff filed the suit in O.S. No. 108 of 2008 for specific performance. The case of the plaintiff is that the defendant borrowed a sum of Rs.25,000.00~ from him and executed a simple mortgage deed dtd. 15/6/1993 in his favour in respect of the suit property. In order to discharge the loans availed from the plaintiff and several other persons, the defendant offered to sell the suit property to the plaintiff and sale price was fixed at Rs.7,00,000.00~. On 10/5/2008, an agreement of sale was entered into between the plaintiff and the defendant, in which, the sale consideration was indicated as Rs.7,00,000.00~. The plaintiff agreed to discharge the loans availed by the defendant to the tune of Rs.4,00,000.00~ and the same was adjusted towards the sale consideration. On the date of agreement, the plaintiff paid a sum of Rs.2,00,000.00~ in cash towards sale advance and agreed to pay the balance within a period of three months on which event, the sale has to be completed. Therefore, the plaintiff has totally paid a sum of Rs.6,00,000.00~ to the defendant as sale advance. Since only a small portion of amount, i.e., Rs.1,00,000.00~ was remaining to be paid, the defendant also handed over the possession of the suit property to the plaintiff. According to the plaintiff, right from the date of agreement of sale, the plaintiff has been ready and willing to perform his part of contract. However, since the defendant has been evading to perform her part of contract, the plaintiff was constrained to file the suit.