M.R. KARUPPIAH AND ORS. Vs. R. RENGASAMY

JUDGEMENT

(1.) THE defendants, who are successful before the trial court, lost before the lower appellate Court are the appellants.

(2.) THE respondent herein filed O.S.No. 746 of 1981 on the file of the Court of District Munsif, Uthamapalayam against the appellants herein for specific performance of the agreement of sale dated 21.05.1977 (Ex.A.1).

(3.) IT is the further case of the plaintiff that though he was ready and willing to perform his part of contract in terms of Ex.A.1, the first defendant was adopting evading tactics and in this regard, legal notices were exchanged and in spite of it, the first respondent did not come forward to perform his part of obligation. The respondent/plaintiff would further contend that suppressing the existence of Ex.A.1, dated 21.05.1977, the first defendant has entered into an unregistered sale agreement dated 02.04.1979 (Ex.B.3) with the second appellant/second defendant and executed a registered sale deed in his favour (Ex.B.6) on 04.07.1979 and hence, contended that he is entitled to the relief of specific performance of agreement of sale.