S.SUJATHA Vs. N.ELUMALAI

JUDGEMENT

(1.) This appeal arises from the decree passed by the trial Court in the suit for specific performance. The appellant, who is the owner of the suit schedule property, was the first defendant in the suit. The jurisdictional Sub-Registrar, is arrayed as a pro forma party, is the second defendant.

(2.) Plaint averments:-

(3.) Even before the expiry of the 19 months period, the plaintiff, expressing his 'ready and willingness' to pay the balance sale consideration, requested the first defendant to execute the sale deed. However, the first defendant evaded meeting with the plaintiff. Claiming that he is ready with the balance sale consideration and the incidental charges such as registration fees and stamp papers, the plaintiff caused legal notice to the defendant through his lawyer on 29/11/2017, calling upon the defendants to come and execute the sale deed.