BANUMATHY Vs. VELMURUGAN

JUDGEMENT

(1.) The plaintiff is the appellant in a suit for specific performance. She lost before both the Courts below. This matter is listed before this Court at the adjourned admission stage.

(2.) Heard both sides.

(3.) The plaintiff sought to get the sale deed executed in her favour by the defendant in pursuant to an agreement dated 24.12.1994 by filing a suit in the year 2010. Admittedly, the suit notice itself was issued by the plaintiff only in the year 2010 i.e.,on 26.7.2010, even though it is contended by the plaintiff that since the parties are closely related and that the defendant was evading the execution of the sale deed for a long time and that there was panchayat held in the year 2010 culminating into the filing of the present suit. Both the Courts have concurrently found against the plaintiff and rejected her claim on the reason that she was not ready and willing to perform her part of the contract for nearly about 16 years. Though the learned counsel for the appellant vehemently contended that there is no delay on the part of the plaintiff in approaching the Court as the parties are closely related and there was a panchayat held in the year 2010, this Court is not in a position to accept such contention as the reasonable explanation for such an inordinate delay of 16 years in approaching the Court for seeking the relief of specific performance.