K VENKATACHALAM Vs. V RANGANATHAN

JUDGEMENT

(1.) The second defendant is the appellant herein.

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

(3.) The first respondent herein filed a suit for a direction to the defendants to execute and register the sale deed in favour of the plaintiff and in case of failure to do so, for execution and registration of the sale deed by the Court on their behalf, and for a direction to the 2nd defendant personally and defendants 4 to 6 out of the estate of the first defendant to pay the plaintiff a sum of Rs.9,924.50 with future interest with the following averments. The land in S.Nos.560/1 and 560/2 in Telungupalayam Village, Coimbatore Taluk belonged to the defendants 1 and 2. They formed a layout therein, and the same was approved by the Deputy Director of Town Planning and Coimbatore Municipality in 1975. An agreement was entered into between the plaintiff and the defendants 1 and 2 on 25.12.1977, by which the defendants 1 and 2 agreed to sell site Nos.1 and 2 admeasuring 11 cents 33 sq.ft. and 18 cents 278 sq.ft. respectively to the plaintiff. The plaintiff paid Rs.5,000/- as advance. The plaintiff was always ready and willing to perform his part of the contract. On 23.11.1979, the second defendant received a sum of Rs.20,000/- from the plaintiff and endorsed the same on the agreement. The defendants 1 and 2 earlier entered into an agreement with late K.T.Subramaniam Chettiar on 18.9.1974 for sale of some of the sites to him and received Rs.10,000/- from him. After the death of Subramaniam, when his son S.Thyagarajan agreed to receive back the advance, the defendants 1 and 2 directed the plaintiff to pay the said sum agreeing to treat the sum as part of sale consideration. Accordingly, on 30.11.1979 the plaintiff paid Rs.10,000/- to Thiyagarajan. Thus, the plaintiff paid a total sum of Rs.35,000/- to the defendants 1 and 2. The defendants 1 and 2 sold site No.6 to a third party. The plaintiff is confining his claim to site No.1 only. The value of site No.1 measuring 11 cents 33 sq.ft. is Rs.27,690/-. Since the plaintiff has paid Rs.35,000/-, there is an over payment of Rs.7,310/- which the defendants 1 and 2 are liable to refund. Thus, the plaintiff has fully paid the sale consideration in respect of site No.1. The defendants 1 and 2 have been postponing execution of the sale deed. The plaintiff is willing to bear the expenses of execution and registration of the sale deed. The plaintiff came to know that the defendants 1 and 2 have fraudulently created a settlement deed dated 23.6.1980 in favour of their sister, the third defendant. The plaintiff has taken possession of the suit property. Even according to the settlement deed, the third defendant is only a subsequent transferee with notice and without consideration and is bound by the contract in favour of the plaintiff. The plaintiff is entitled to get interest on Rs.7,310/- at 12% per annum from 30.11.1979. The attitude and conduct of the defendants constrained the plaintiff to file the suit. The first defendant died on 22.10.1984, and hence, the defendants 4 to 6 are impleaded as his legal representatives.