V CHANDRASEKARAN Vs. PERUMAL

JUDGEMENT

(1.) THE defendant who failed in both the Courts in his defence plea in a suit for specific performance by way of re-conveyance of an immovable property, has brought forth this second appeal.

(2.) IT was a suit filed by the respondents/plaintiffs seeking re-conveyance of an immovable property in respect of which originally a sale deed was executed by all in favour of the appellant/defendant for a consideration of Rs. 1,74,750/ -. Apart from that, it is also admitted that there was an agreement entered into between the parties as per which the defendant on getting the amount on or before 1. 7. 2002, should re-convey the property by way of a regular sale deed.

(3.) THE plaintiffs filed the suit alleging that all along they were ready and willing to make the payment; but, there was an evasion on the part of the defendant; that specific demands were made on 20. 5. 2002 and 26. 6. 2002; that even then, the defendant did not receive the amount and execute the sale deed, which compelled the plaintiffs to seek for re-conveyance by way of a suit for specific performance.