THANGAMANI; PARAMESWARI; SHANTHI Vs. RAJKUMAR

JUDGEMENT

(1.) Challenge in this appeal suit is to the judgment and decree dated 31-07-2014 passed in Original Suit No.105 of 2011 by the Principal District Court, Villupuram.

(2.) The respondent herein, as plaintiff, has initiated O.S.No.105 of 2011 on the file of the Trial Court praying to pass a decree of specific performance in pursuance of the sale agreement, dated 27-10-2010 wherein the present appellants have been shown as defendants.

(3.) In the plaint, it is averred that the suit property is the absolute property of the defendants and their deceased mother, and all of them have agreed to sell the same in favour of the plaintiff for a sum of Rs.65,00,000/-(Rupees Sixty five lakhs only) and to that effect a sale agreement has come into existence on 27-10-2010 and on the date of its execution, the defendants have received a sum of Rs.20,00,000/-(Rupees Twenty lakhs only). After execution of sale agreement, the first defendant has sent a letter dated 07-04-2011 wherein it has been stated to the effect that there is a dispute among the family members and subsequently, the plaintiff has issued a notice on 08-04-2011. After receipt of the same, the first defendant has sent a false reply notice dated 21-04-2011 and finally, the plaintiff has issued a notice dated 27-04-2011 and even after receipt of the same, the defendants have not come forward to execute a sale deed in favour of the plaintiff. The plaintiff has always been ready and willing to perform his part of the contract. Under the said circumstances, the present suit has been filed for getting the relief sought therein.