SEENI AMMAL Vs. VEERAYEE AMMAL

JUDGEMENT

(1.) THE defendant in O.S.No. 1249 of 1980 on the file of the Sub Court, Madurai, is the appellant in the above appeal. She filed the said suit for specific performance of an agreement for sale.

(2.) THE case of the plaintiff as seen from the plaint are briefly narrated hereunder: THE suit property is a wet land of an extent of 27 cents, belongs to the defendant. She agreed to sell the land to the plaintiff for a price of Rs. 24,300. THE agreement was reduced to writing and signed by the contracting parties. It is dated 5.10.1979 and on the date of the agreement Rs. 8000 was paid as advance. It is further averred that the agreement stipulates that the sale was to be completed within a period of about three months. Again it was extended upto 15th June, 1980. Though the plaintiff was always ready and willing to perform her part of the contract, the defendant was evading. So, the plaintiff sent two letters calling upon the defendant to execute the sale deed on receipt of the balance of the price. Since it had no effect, the plaintiff has filed the present suit.

(3.) PLAINTIFF herself was examined as P.W.1 and marked Exs. A.1 to A.5 in support of her case. The defendant was examined as D.W.1 and she has also examined one Narayanan as D.W.2 apart from marking Ex. B.1 in support of her defence. Through witness Exs.X1 to X.3 were marked. The learned Subordinate Judge after framing necessary issues and in the light of the evidence available on record, decreed the suit as prayed for with costs.