T.R.JAGADHEESAN Vs. M.RAMADASS NIADU

JUDGEMENT

(1.) This appeal suit has been directed against the judgment and decree dated 22.4.2009, passed in O.S.No.111 of 2007, by the Principal District Court, Thiruvallur.

(2.) The first respondent herein, as plaintiff, has filed O.S.No.111 of 2007 on the file of the trial court, praying to pass a decree of specific performance in pursuance of the sale agreement dated 17.8.2006 so as to direct the defendants 2 to 7 to execute and register the sale deed in favour of the plaintiff after receiving the balance of sale consideration and alternatively for the relief of recovery of Rs.2,50,000/ -.

(3.) It is averred in the plaint that the defendants 1 and 2 have represented themselves that they are the absolute owners of the suit property. The plaintiff with an intention to purchase the same, has entered a Sale Agreement dated 17.8.2006. One Cent of land has been fixed for Rs.1,700/ - and a total sale amount comes to Rs.1,12,84,600/ -. On the date of execution of the sale agreement, the defendants 1 and 2 have received a sum of Rs.5 Lakhs. In the sale agreement, time has been fixed as 90 days. The plaintiff is always ready and willing to perform his part of contract. The defendants 1 and 2 have failed to execute the sale deed in favour of the plaintiff in pursuance of the sale agreement and subsequently on 13.12.2006, a legal notice has been issued to the defendants 1 and 2. The defendants 1 and 2 have given a reply notice dated 22.12.2006. They have given another reply notice dated 24.12.2006. The plaintiff has given a legal notice dated 6.2.2007. On 13.2.2007, the defendants 3 to 6 have given a notice to the plaintiff and first defendant. The plaintiff has issued a reply notice on 26.2.2007. In the meanwhile , the first defendant along with his wife have sold 20 Acres 79 Cents of land in favour of the plaintiff. Now the defendants 2 to 7 have refused to execute a sale deed in favour of the plaintiff. Under the said circumstances, the present suit has been instituted for the relief sought therein.