M. MAHESH Vs. V. KANAGARAJ

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dtd. 24/6/2020 passed by the learned IV Additional District and Sessions Judge, Coimbatore, in O.S. No.408 of 2016.

(2.) The plaintiffs instituted the suit seeking specific performance of the agreement of sale dtd. 7/10/2013, and in the alternative, refund of the advance amount of Rs.15,00,000.00. The trial Court declined to grant either of the reliefs and dismissed the suit in its entirety. Aggrieved thereby, the plaintiffs has preferred the present appeal. For the sake of convenience, the parties are referred to according to their ranking before the trial Court.

(3.) Brief facts of the plaintiff 's case: The suit property belongs to the defendant. On 7/10/2013, the defendant entered into a registered agreement of sale with the plaintiffs, agreeing to sell the suit schedule property for a total consideration of Rs.15,50,000.00. A sum of Rs.15,00,000.00 was paid as advance, and the time for completion of the transaction was fixed on 6/10/2016. Under the terms of the agreement, the defendant undertook to hand over the parent title deeds and revenue records and to execute the sale deed whenever called upon by the plaintiffs. According to the plaintiffs, he was always ready and willing to perform his part of the contract, the balance consideration being negligible; however, the defendant repeatedly delayed execution of the sale deed on the pretext of securing alternative accommodation. The plaintiffs issued a legal notice dtd. 9/2/2016 calling upon the defendant to execute the sale deed. The defendant, by reply notice dtd. 23/2/2016, made false allegations and refused to comply, necessitating the filing of the suit.