M.KALAVATHY Vs. C.MADHUBALA

JUDGEMENT

(1.) The present first appeal has been preferred by the plaintiff in a suit for specific performance challenging the dismissal of her suit.

(2.) As per the plaint averments, the defendant is the owner of the suit schedule property. The defendant's mother is alleged to have borrowed a sum of Rs.45,00,000.00 from the plaintiff and said to have executed various loan documents evidencing the borrowing. The defendant's mother could not repay the said loan and due to the mediation effected, the defendant had agreed to sell the suit schedule property. The entire sale consideration has been paid.

(3.) The plaintiff has contended that no time limit has been fixed in the sale agreement. As and when the plaintiff calls upon the defendant to execute the sale agreement, the defendant has to execute the same. It is further contended that the plaintiff has been demanding the defendant to execute the sale deed from 15/8/2015 onwards. As per the terms of the agreement, a reasonable period has been agreed upon between the parties and therefore, the present suit is filed in time.