K L PONNAMBALAM Vs. SUBDRA DEVI

JUDGEMENT

(1.) VACANT site measuring 60 feet east-west and 20 feet north-south, totalling to 1200 square feet, with a thatched hut comprised in old R. S. No. 248/2a/2 and new R. S. No. 248/242 in Rathinam Nagar - Old Plot No. l7-A (New Plot No. 17) originally belonged to One Nagarajan. He it is said, agreed to sell the same to one Subadra Devi (respondent herein) for Rs. 15,000 He was stated to have received an advance of Rs. 10,000 and agreed to receive the balance of sale consideration on the date of execution of the sale deed. An agreement of sale was, in fact, entered into between them on 20. 7. 1981, evidencing (hose aspects. It seems, despite issuance of a notice by the respondent demanding execution of the sale deed expressing her readiness and willingness to perform her part of the contract, the original owner Nagarajan did not comply with the demand so made. Consequently, she. filed the suit in o. S. No. 687 of 1984 on the file of the XII Assistant Judge, City Civil Court , Madras . The said nagarajan remained exparte and consequently anexparte decree came to be passed on 2. 5. 1985.

(2.) CONSEQUENTLY, the respondent was stated to have got the sale deed executed through court in her favour on 22. 12. 1987. The respondent filed E. P. No. 145 of 1989 on the file of the X Assistant Judge, City .