N. SIVAKUMAR Vs. B. KAVITHA

JUDGEMENT

(1.) Challenging the judgment and decree of the trial Court decreeing the suit filed by the plaintiff for specific performance, the present appeal has been filed by the unsuccessful defendant.

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

(3.) It is the case of the plaintiff that the defendant agreed to sell the suit property for a total sale consideration of Rs.14.00 lakhs and received a sum of Rs.10.00 lakhs on 25/11/2013 and executed a registered sale agreement on the same day. It is admitted between the parties that the sale shall be completed within a period of 11 months from the date agreement. The plaintiff was always ready and willing to perform her part of the contract. However, the defendant postponed the registration under some pretext or other and has not come forward to execute the sale deed. The plaintiff is always ready and willing to perform her part of the contract from July 2014 onwards. As the defendant has not come forward to receive the balance sale consideration and execute the sale, a legal notice was issued to the defendant on 10/10/2014 calling upon him to perform his part of the contract. Despite receipt of legal notice, as the defendant has not come forward to receive the balance sale consideration and execute the sale deed, the suit has been filed.