SOMU ASARI Vs. R VARADARAJAN

JUDGEMENT

(1.) The defendant in the Trial Court is the appellant. Pending the First Appeal the appellant died and his legal representatives were brought on record as appellants 2 to 6. The plaintiff who is the respondent herein has filed the suit for specific performance of the agreement dated 06.09.1986 for a direction against the sole defendant to execute and register sale deed in respect of the suit property which is the house site as per the approved layout in No.62 in Sowripalayam Village, Coimbatore District to the extent of 6 cents 166 sq.ft. or 2780 sq.ft. measuring East to West on both side 40 ft. North to South on the Eastern side 70 ft. and North to South on Western side 69 ft. along with the use of the road as per the layout.

(2.) The case of the plaintiff is that the defendant Somu Asari, who is the owner of the property offered to sell the vacant site to the plaintiff and the plaintiff agreed to purchase the same for Rs.41,000/- and accordingly a sale agreement was entered on 06.09.1986. At the time of entering the agreement the plaintiff had paid an advance amount of Rs.5,000/- towards part sale consideration and he has always been ready to pay the balance sale consideration. The terms of the agreement contemplate that in the event of the failure of the defendant to complete the sale and deliver possession, the plaintiff was entitled to get the same completed by due process of law.

(3.) It is the case of the plaintiff that the defendant has received a further amount of Rs.2,000/- on 12.09.1986 and another amount of Rs.10,000/- on 23.10.1986 apart from the original advance amount paid on the date of the agreement. It is also the case of the plaintiff that on 23.10.1986 the defendant has handed over the original title deed and encumbrance certificate for the period from 01.01.1970 to 01.03.1982 and another for 1986 promising to furnish further encumbrance certificate. It is also the plaintiff's case that the defendant had agreed to extend the time for completion of sale in the auspicious month of after Tamil New Year. The plaintiff has also deposited the balance sale consideration of Rs.22,000/- into court and filed the suit for specific performance.