LAKSHMI Vs. K.S. VISWANATHAN (DIED)

JUDGEMENT

(1.) The unsuccessful Defendants in a Suit for Specific Performance are the Appellants before me.

(2.) The Plaintiff approached the Court seeking Specific Performance of an Agreement of Sale, dtd. 1/6/2009. The Agreement of Sale was a duly registered instrument in and by which the Defendants had agreed to convey the Suit property in favour of the Defendants, for a total Sale consideration of Rs.1,75,000..00 The Plaintiffs had paid an advance Rs.1,50,000.00 and the balance of Rs.25,000.00 was agreed to be paid within a period of three years. The Plaintiff issued a notice on 30/8/2009 to which the Defendants had sent a reply on 3. 9.2009. Thereafter, the Plaintiff issued a Second Notice on 25/11/2010 to which also the Defendants sent a reply on 1/12/2010. Thereafter, the Plaintiff filed a Suit seeking relief of Specific Performance on 22/2/2011. The Trial Court as well as the First Appellate Court, found that the Plaintiff was entitled to the relief of Specific Performance and that he was ready and willing to perform his part of the contract.

(3.) Aggrieved by the concurrent findings of the Courts below, the Defendants/Owner of the property have preferred the above Second Appeal. The Second Appeal is yet to be admitted. However, the Counsel on either side have argued the main Second Appeal finally.