B SUNDARAMBAL Vs. JAWAHARLAL JAIN

JUDGEMENT

(1.) In a suit for specific performance, the defendant who succeeded in her defence before the trial Court, failed to sustain the said decree, when questioned on appeal and the result is this second appeal.

(2.) The defendant/appellant is the owner of the suit property. According to the plaintiff, the defendant entered into an agreement of sale, with the plaintiff on 19.1.1984, agreeing to sell the suit property, for a sale consideration of Rs.11,000/- and received a sum of Rs.5,000/- as advance, further agreeing to receive the balance, at the time of registration of the sale deed. The sale agreement was registered. Thereafter, the defendant had also executed a general power of attorney in favour of the plaintiff on 19.7.1985, which was also registered, where the defendant had acknowledged the sale agreement, conferring power upon the plaintiff to deal with the suit property. In pursuance of the agreement, the defendant had also handed over the original title deed for the suit property.

(3.) The plaintiff is ready and willing to complete the sale, whereas the defendant alone failed to do so. On the other hand, she had issued a legal notice containing false allegations, for which a suitable reply was given. The sale agreement is enforceable and under which the defendant is bound to execute the sale deed, receiving the balance of sale consideration. Since the defendant has failed to perform her duty, in terms of the sale agreement, the plaintiff was constrained to file the suit, for specific performance, as per the sale agreement dated 19.1.84.