P KUMARAN Vs. V RAMASWAMI

JUDGEMENT

(1.) This Application praying that this Hon'ble Court be pleased to reject the plaint for non-disclosure of cause of action and lack of it.

(2.) The respondents 1 and 2 / plaintiffs filed the suit C.S.No.121 of 2007 for the following reliefs:-

(3.) It is seen from the plaint filed by the respondents 1 and 2 that the defendants are the owners of the suit property and the first plaintiff entered into an agreement of sale on 05.02.2005 for purchase of the suit property for a total consideration of Rs.7,00,50,000/- at the rate of Rs.1,50,000/- per cent and though the document of title produced by the applicant showed that the extent is 4.25 cents, the applicant claimed to be in possession of 4.67 cents and on that basis the total consideration was fixed and advance of Rs.50,00,000/- was paid. Thereafter, on 1.1.2006, an agreement of sale was entered into between the first plaintiff and the defendants and the sale consideration was the same as mentioned in the first agreement dated 5.2.2005 and it was agreed that the advance of Rs.50,00,000/- paid under the agreement dated 05.02.2005 would be adjusted towards advance for the second agreement also. It is further stated that the first defendant / applicant also received the sum of Rs.10,00,000/- as consideration for the second agreement of sale though that was not acknowledged in writing. Thereafter, on 29.4.2006, the third agreement was entered into between the second plaintiff and the defendants for sale consideration and it was agreed that the amount of Rs.50,00,000/- paid by the first plaintiff under the first agreement dated 5.2.2005 is to be adjusted towards the advance for the third agreement also. It is further stated that the first defendant / applicant demanded a further sum of Rs.25,00,000/- as consideration for the third agreement dated 29.4.2006 and that was also paid but the same was also not mentioned in the agreement and there was no acknowledgement to that effect. It is further stated that the property on the ground is having only an extent of 4.19 acres against the extent of 4.27 acres mentioned in the sale deed and also against 4.67 acres as claimed by the defendants while entering into the agreement of sale. However, the plaintiffs agreed to a consideration at the rate of Rs.1,50,000/- per cent for the entire extent of 4.27 acres as mentioned in the document of title. On 9.9.2006, the plaintiffs' counsel sent three draft sale deeds for different extents of land and there was no response from the first defendant/applicant. The plaintiffs also met the first applicant and requested him to honour the commitment and execute the sale deed for an extent of 4.27 acres at the rate of Rs.1,50,000/- per cent. The plaintiffs also filled the land with gravel at a cost of Rs.45,00,000/-. On 28.9.2006, the first plaintiff met the first defendant / applicant and requested him to receive the balance sale consideration and execute the sale deeds and the first defendant insisted that part of the sale consideration should be paid by cash and remaining sum by demand draft and the first defendant further demanded a sum of Rs.25,00,000/- and the first defendant agreed to pay a sum of Rs.1.50 per cubic foot towards filling up of gravel by the plaintiffs against the claim of Rs.40,00,000/- by the plaintiffs. On 3.10.2006, the second plaintiff sent a letter to the first defendant requesting him to execute the sale deed. In reply, on 6.10.2006, the second plaintiff received a registered letter dated 1.10.2006 sent by the applicant / first defendant cancelling the agreement of sale and forfeited the advance amount. Therefore, the suit was filed for specific performance of the contract dated 29.4.2006 and in the alternative, other relief was sought for by the plaintiffs and the relief prayed for is stated in the earlier part of this order.