K M GOPI Vs. SOLAYAPPAN

JUDGEMENT

(1.) The plaintiff in the Court below is the appellant. The suit filed by the plaintiff for specific performance directing defendants 2 to 5 to execute and register sale deed in favour of the plaintiff in respect of the property comprised in old No. 3 new No. 14 Krishnadass third street, Mangalapuri, Perambur Barak Road, Madras-12 after receiving the balance sale consideration of Rs. 30,300/- and for a permanent injunction against defendants 2 to 5 from dealing with the suit property either by sale, lease, mortgage or creating lien, etc.

(2.) The case of the plaintiff is that the first defendant has approached the plaintiff in March 1986 stating that he is the owner of the suit property and desire to sell and requested the plaintiff to purchase the same. After deliberation the sale consideration of the suit property was fixed at Rs. 42,000/- to which the plaintiff and the first defendant have agreed in March 1986. It is the further case of the plaintiff that the first defendant required money at various times as advance and an amount of Rs. 3,000/- was paid as advance. When the plaintiff asked for inspection of the property documents the first defendant stated that the same has been given to a third party and the first defendant took the plaintiff along with his friends to the third party who according to the plaintiff has demanded Rs. 1,000/- since the first defendant has failed to execute sale deed in his favour and the plaintiff paid the said amount of Rs. 1,000/- to the third party with the consent of the first defendant and the third party has handed over possession of the sale deed as well as patta in respect of the suit property.

(3.) In this regard, according to the plaintiff he has incurred Rs. 700/- towards expenses and therefore, totally he has paid Rs. 4,700/- towards advance amount in respect of the sale consideration. According to the plaintiff the first defendant has agreed to execute sale deed and would require the balance amount to be given in the form of demand draft before the Sub Registrar. It was based on the assurance the plaintiff has prepared the sale deed by purchasing non judicial stamp papers on 18.04.1986 to the tune of Rs. 5,460/-. According to the plaintiff, he has been always ready and willing to perform his part of obligation. However, the first defendant has with an ulterior motive started evading execution and registration of sale deed. The plaintiff had the document in his custody, which was received from the third party at the instance of the first defendant. The plaintiff has issued a notice on 26.05.1986 acknowledged by the first defendant on 28.05.1986. In these circumstances, the present suit was filed on 04.09.1986. It also remains a fact that the plaintiff has not deposited the balance sale consideration while filing the suit.