BAKIYALAKSHMI Vs. ALAMELU

JUDGEMENT

(1.) Defendants- 1 to 6 and 8 are the appellants. The suit filed by the respondents for specific performance has been decreed. The appeal is against this judgment and decree.

(2.) The parties are described as per their rankings in the suit.

(3.) The brief facts are as follows: Defendants-1 to 4 are owners of the property, house and ground at No.137, Sivanandha Nagar Co-operative Colony, Tatabad, Coimbatore. They were residing in the said premises. They have entered into an agreement with the plaintiffs dated 21.12.1994 for sale of this property for a total consideration of Rs.18,00,000/- and received an advance of Rs.2,00,000/- on the date of the agreement. The defendants have planned to settle down at Visakhapattinam, and for certain other family reasons, the defendants agreed to sell the property and leave Coimbatore. The defendants made it clear to the plaintiffs that they will require two months' time after full payment of sale price and after registration of the sale documents, to vacate the premises, since time was need for them to shift their belongings and make alternative accommodation to Visakhapattinam. A clause was included in the agreement that on payment of the entire balance of sale consideration, the plaintiffs would be put in possession within a period of two months thereafter. The period prescribed for completion of the sale transaction was fixed at four months. Hence, a controversy arose with regard to the handing over of possession of the property. The suit notice dated 13.4.1995 was followed by exchange of notices. In the suit notice, plaintiffs informed the defendants that they are ready for registration of documents with the balance amount payable to the defendants. On the defendants taking a contrary stand, the suit came to be filed for specific performance directing the defendants to execute one or two sale deeds for Rs.18,00,000/-, in all, free from encumbrances, in favour of the plaintiffs on receiving the balance sale consideration within the time fixed by the Court. The learned Subordinate Judge, after considering the matter, found that the suit agreement is true. He found that the defendants have not violated the clauses of the agreement; but granted a decree for specific performance. Now, the first appeal is against this decree and judgment by the defendants.