M RAMALINGAM Vs. V SUBRAMANYAM

JUDGEMENT

(1.) The defendant and his legal representatives are the appellants herein.

(2.) This appeal has arisen from the judgment and decree made by the learned Subordinate Judge, Coimbatore granting a decree in favour of the first respondent/plaintiff.

(3.) The first respondent/plaintiff has filed a suit for specific performance with the following averments. The suit property belonged to the defendant. The defendant entered into a written agreement with the plaintiff on 22-5-1978 agreeing to convey the suit property to the plaintiff for a consideration of Rs. 40,000/-. A sum of Rs. 25,000/- was received by the defendant as advance, and he acknowledged its receipt in the agreement. On the date of agreement, the defendant received a sum of Rs. 10,000/- from the plaintiff as further advance. The balance of Rs.5,000/- was to be paid within six months from the date of agreement. The plaintiff was ready and willing to pay Rs.5,000/- and when he tendered the same in person on several occasions, the defendant was evading to receive the same. He issued a notice to the defendant on 30-10-78. The said notice has been returned unserved. Hence, the plaintiff was constrained to file the suit.