PAPPA Vs. GANDHIMATHI

JUDGEMENT

(1.) The unsuccessful Plaintiffs in a Suit for Specific Performance is the Appellants. The Suit was dismissed by the Trial Court in respect of the main relief of Specific Performance and Suit was decreed in respect of alternative relief for return of Advance amount. Aggrieved by the same, the Plaintiffs preferred an Appeal and the First Appellate Court also confirmed the findings of the Trial Court. Hence, the Plaintiffs are before this Court.

(2.) According to the Appellants/Plaintiffs, the property covered by Suit Agreement originally belonged to 1st Respondent's husband and father of Respondents 2 to 4 Velusamy. After death of Velusamy, the Respondents/ Defendants succeeded to his estate and they had been enjoying the property. The 1st Respondent, mother of other Respondents was acting as Manager of the family. The Suit Sale Agreement was entered into by 1st Plaintiff and 1st Defendant whereunder 1st Respondent/1st Defendant agreed to sell the Suit property to 1st Plaintiff for a Sale consideration of Rs. 1.00 lakh. The Agreement was entered into by 1st Defendant in her capacity as Manager binding shares of Minor Defendants. On the date of Agreement, a sum of Rs. 30,000.00 was paid as an Advance. It was agreed between the parties that Balance amount of Rs. 70,000.00 should be paid on or before 14/3/2006. Though the Appellants were ready and willing to pay the balance sum of Rs. 70,000.00 and in spite of several demands, the Respondents failed to complete the Sale transaction. Therefore, a Legal Notice was issued by the 1st Appellant on 1/3/2006 calling upon the 1st Defendant to receive the balance Sale consideration and complete the sale transaction. In spite of the same, the 1st Respondent failed to come forward to execute the Sale Deed. In these circumstances, the Appellants were constrained to file a Suit for Specific Performance.

(3.) The Respondents filed a Written Statement wherein it was claimed by them that on the date of Suit Sale Agreement, yet another Agreement christened as Consent Deed was entered into between the parties whereunder the consideration for sale was mentioned as Rs. 1,60,000.00 (Rupees one lakh sixty thousand only). It was averred that a sum of Rs. 30,000.00 was paid as an Advance and Appellants agreed to deposit a sum of Rs. 60,000.00 in the name of minor Respondents 2 to 4 in a Nationalized Bank and agreed to pay the balance amount of Rs. 70,000.00 within 14/3/2006. It was also contended by the Respondents that the Appellants burked relationship between the parties. The 1st Plaintiff's husband, the 2nd Plaintiff is the elder brother of Velusamy namely the deceased husband of 1st Defendant. The Respondents also denied the averments in the Plaint that 1st Appellant was always ready and willing to perform her part of the Contract. It was specifically pleaded by the Respondents that Appellants never had shown any interest to deposit Rs. 60,000.00in the name of minor Respondents 2 to 4 as agreed in the Consent Deed.