P SELVARAJ Vs. S KATHIRESAN

JUDGEMENT

(1.) This appeal suit is directed against the judgment and decree dated 27-06-2008 passed in O.S.No.281 of 2006 by the Additional District and Sessions Court (Fast Track Court No.II), Coimbatore.

(2.) The respondents herein as plaintiffs have instituted O.S.No.291 of 2006 on the file of Trial Court praying to pass a decree of specific performance, in pursuance of the sale agreement dated 20-01-2006 wherein the present appellants have been shown as defendants.

(3.) The material averments made in the plaint are that the plaintiffs are the business partners and carrying their business in Chennai. The defendants 2 to 10 are the absolute owners of the suit properties. The first defendant is the Power Agent of fourth to tenth defendants, by virtue of Power Deed dated 13-10-2005. The defendants have agreed to sell the suit properties in favour of the plaintiffs and in pursuance of the same, an agreement of sale has come into existence on 20-01-2006 wherein the total sale consideration has been fixed at Rs.28,89,900/-(Rupees Twenty Eight lakhs Eighty nine thousand and nine hundred only). On the date of execution of sale agreement, the defendants have received a sum of Rs.5,00,000/-(Rupees Five lakhs only). In the sale agreement, time for execution of registered sale deed has been fixed at three months. The defendants are bound to produce Patta, Chitta Adangal and other relevant documents of the suit properties to the plaintiffs before registration of a sale deed. The defendants are also bound to produce an exchange deed. Further, it is agreed to survey the suit properties with the assistance of a Government Surveyor. On 23-02-2006, the plaintiffs have paid a sum of Rs.10,00,000/-(Rupees Ten lakhs only). Even after receipt of the same, the defendants have not handed over the relevant documents of the suit properties. Further, they represented that the time mentioned in the sale agreement is nothing but formality. The defendants have failed to execute a sale deed in favour of the plaintiffs. The plaintiffs have always been ready and willing to perform their part of contract. The defendants have asked the plaintiffs to be present on 20-04-2006 at about 10:30 a.m., in the Sub-Registrar Office, Perianaickenpalayam. The plaintiffs have gone there and waited till 5:30p.m. The defendants have failed to come to Sub-Registrar Office. On 21-04-2006, a telegram has been given to the defendants wherein also it has been clearly mentioned about the non-production of relevant documents of the suit properties. On 22-04-2006, through the counsel of the defendants a false telegram has been given. On 29-04-2006, a legal notice has been issued. Since the defendants have failed to perform their part of contract, the present suit has been instituted for the relief sought therein.