PAKIYALAKSHMI Vs. DANALAKSHMI

JUDGEMENT

(1.) Challenging the decree and judgment passed in the suit filed for specific performance, the present appeal suit has been filed.

(2.) The parties are arrayed as per their own ranking before the trial Court.

(3.) It is the case of the plaintiff that she came to know through brokers that the defendant is going to sell the suit property. Accordingly, the plaintiff approached the defendant and the defendant agreed to sell the suit property for a total sale consideration of Rs.21.00 lakhs. The plaintiff had paid an advance of Rs.10.00 lakhs in instalments in the presence of witnesses. Thereafter, the suit agreement came to be registered on 28/10/2010. The defendant prayed one year time to execute the sale deed by producing all the parent deeds, patta, encumbrance certificate in respect of the suit property. The balance sale consideration to be paid in such time. Despite the defendant has agreed to hand over all the documents, he has not handed over the documents and defendant started adopting delaying tactics. Thereafter, the plaintiff came to know that the defendant is trying to sell the property to some other person. Therefore, the plaintiff had issued legal notice to the defendant calling upon her to receive the balance sale consideration and complete the sale. The plaintiff was always ready with the balance sale consideration. Hence, the suit.