P SAMPOORNAM Vs. L T SOMASUNDARAM

JUDGEMENT

(1.) DEFENDANTS 2 to 6 in O.S. No. 672 of 1996 on the file of the II Additional Subordinate Judge, Erode, are the appellants in the second appeal. The plaintiffs thereon are the respondents herein.

(2.) THE parties in this second appeal, for the sake of convenience, are referred in the same position as they have been referred before the trial Court.

(3.) THE averments made in the plaint in nutshell are as follows: THE plaintiffs are the brothers. THE first defendant is the father of defendants 2 to 5. Subsequent to the demise of the first defendant, his wife, the sixth defendant had also been added as a party. A sale agreement was entered into between the plaintiffs and the defendants on 6.7.1990 agreeing to sell the suit property for a sale consideration of Rs. 1,50,000/- and on that date, a sum of Rs. 1,40,000/- has been received as an advance. THE defendants have undertaken to vacate the tenant from the portion of the suit property and to execute the sale deed after receiving the balance amount of Rs. 10,000/-. Since the defendants were postponing the sale on the ground that they were not able to vacate the tenant, on 30.12.1990, an endorsement has been made on the rear side of the said sale agreement by the defendants to execute the sale deed within three months from the date of eviction of the tenant viz., Chinnasamy, son of THEsa Naicker. But, however, the defendants have not vacated the tenant and executed the sale deed. Hence, the plaintiffs issued a notice dated 13.7.1996 expressing their readiness and willingness to pay the balance amount and to get the sale deed executed. THE fourth defendant alone received the said notice. Defendants 3 and 5 evaded to receive the same. No reply has been sent for the said notice. Hence, the plaintiffs were constrained to file the suit for the relief set out earlier.