R SHANMUGAM; S SUJATHA Vs. V MANOHARAN

JUDGEMENT

(1.) Challenge in this appeal suit is to the judgment and decree dated 08-12-2015, passed in O.S.No.411 of 2013, by the I Additional District & Sessions Judge, Coimbatore.

(2.) The respondent herein, as plaintiff, has filed O.S.No.411 of 2013 on the file of the trial court, praying to pass a decree of specific performance in pursuance of the sale agreement dated 23-08-2010 wherein the present appellants have been arrayed as defendants.

(3.) It is averred in the plaint that the suit property set out herein is the absolute property of both the defendants and they agreed to sell the same for a sum of Rs.23 lakhs (Rupees Twenty three lakhs only) in favour of the plaintiff and in pursuance of the same, an agreement of sale has come into existence on 23-08-2012. On the date of its execution both the defendants have received a sum of Rs.20,00,000/-(Rupees Twenty lakhs only). Further, it has been agreed to pay the remaining sale consideration within a period of eleven months. Even though the plaintiff has endeavored to get a sale deed registered from the defendants, they evaded in executing the same which culminated in issuance of a legal notice dated 04-07-2013 and after receipt of the same, both the defendants have given a reply notice dated 09-07-2013 wherein it is falsely stated to the effect that both of them after receipt of Rs.10,00,000/-(Rupees Ten lakhs only) have executed a registered mortgage 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 instituted for the relief sought therein.