K SAROJA Vs. VALLIAMMAL

JUDGEMENT

(1.) THE parties to these appeals will be referred to as parties in O.S. No.1079 of 1979 from which S.A. No.69 of 1983 arises.

(2.) O.S. No.1079 of 1979 was filed by the plaintiff/ appellant herein, to specifically enforce Ex.A-2 agreement dated 26.7.1978 executed by the first defendant in the suit. The second defendant therein is the plaintiff in the connected suit O.S. No.226 of 1981. That is a suit for redemption filed against the appellant/ plaintiff in O.S. No.1079 of 1979. The 3rd defendant is the husband of the second defendant and defendants 4 and 5 are persons claiming to have some right over superstructure as co-lessee of the site. Hence they are also impleaded.

(3.) THE material averments in the plaint are as follows: As stated in the plaint, the property belonged to the 1st defendant who executed an agreement for sale in favour of the plaintiff on 26.7.1978, agreeing to sell the property for a sum of Rs.22,000 within a period of five months and a sum of Rs.500 was also paid as advance. Plaintiff was all along ready and willing to take the sale deed in terms of the document. But it is seen that the 1st defendant has executed a sale deed in favour of the second defendant 22.8.1978 in respect of the plaint property along with other properties. THE sale in favour of the second defendant is intended only to defeat the rights of the plaintiff as agreement-holder. THE sale in favour of the second defendant will be subject to the agreement and the second defendant also purchased the property only after she came to know about the agreement. Repeated demands were made to the first defendant to execute the sale deed. But he has failed to do so. It is also said that in the sale deed in favour of the 2nd defendant, there are certain recitals which will show that the same is sham, unnatural and intended only to mislead persons who have got interest over the properties. Since the first defendant has failed to perform his part of the contract, this suit is instituted for the reliefs stated above.