R CHINNADURAI Vs. S RAJALAKSHMI

JUDGEMENT

(1.) This Second Appeal is directed against the judgment and decree dated 29-3-1990 rendered in A. S. No. 47 of 1990 by the Court of Additional District Judge, Erode thereby reversing the judgment and decree dated 15-4-1988 rendered in O. S. No. 878 of 1987 by the Court of District Munsif, Sathyamangalam.

(2.) Tracing the history of the above second appeal coming to be preferred, what comes to be known is that the defendant is the appellant herein and the respondent herein has filed a suit for specific performance against the appellant in O. S. No. 878 of 1987 on the file of the Court of District Munsif, Sathyamangalam praying for a decree directing the defendant to execute and register a sale deed for Rs. 14.,00/- over the plaint schedule properties in favour of the plaintiff, for delivery of possession and for costs on averments such as that the defendant is the owner of a site measuring 160 feet East-West and 70 feet North-South (5.00.5 Hect.) in S. F. 86/1; that on 11-12-1981, the defendant had agreed to sell a common half share in the plaint schedule properties to the plaintiff for a total consideration of Rs. 14,500/-; that an agreement of sale was executed and as per the terms and conditions, the defendant receiving a sum of Rs. 14.000/- in cash as advance and as part of sale price on 11-12-1981 itself and agreed to execute a registered sale deed in favour of the plaintiff within two years from 11-12-1981 on receipt of the balance sale consideration of Rs. 500/-; that in case the plaintiff fails to perform her part of the contract within the agreed period, the defendant shall be entitled to forfeit the advance of Rs. 14,000/-; that if the plaintiff is ready and willing to pay the balance of Rs. 500/- and demand execution of sale deed and if the defendant fails to do so, the plaintiff would be entitled to file the suit for specific performance and get necessary relief; that the defendant had signed the agreement in the presence of an attestor and the attestor attested the document in the presence of the plaintiff, the defendant arid the scribe.

(3.) The further case of the plaintiff is that she had been always ready and willing to perform her part of the contract of sale dated 11-12-1981, but the defendant had been delaying to perform his part of contract on some pretext or other; that on 26-11-1983 the plaintiff sent a legal notice to the defendant demanding the execution of a registered sale deed; that though he received the notice, the defendant did not send any reply; that since the defendant had not come forward to execute the sale deed as agreed, the plaintiff has filed the suit praying for specific performance further depositing the balance of sale consideration of Rs. 500/- into Court by means of a lodgment.