U N KRISHNAMURTHY [DECEASED] Vs. A M KRISHNAMURTHY

JUDGEMENT

(1.) This Appeal Suit has been directed against the judgment and decree, dated 30.11.2010, passed in Original Suit No.30 of 2005, by the Principal District Court, Krishnagiri.

(2.) The respondent herein, as plaintiff, has instituted Original Suit No.30 of 2005 on the file of the trial Court, praying to pass a decree of specific performance in pursuance of an oral agreement, wherein, the deceased appellant has been shown as sole defendant.

(3.) The material averments made in the plaint are that the suit property is the absolute property of the defendant and he approached the plaintiff for selling the same and under the said circumstances, an oral sale agreement has come into existence between the plaintiff and defendant during November 2002, in the presence of persons namely, N.Anjappa, S.A.Muralidharan and M.Murali Reddy. In order to confirm the oral sale agreement, on 11.11.2002, the defendant has executed a letter in favour of the plaintiff. The sale consideration has been fixed at Rs.15,10,000/-. The plaintiff has advanced an amount of Rs.10,001/-. It is agreed to register the Sale Deed on or before 15.03.2003. Despite of repeated demands made by the plaintiff, the defendant has not come forward to execute a Sale Deed in favour of the plaintiff and due to that, a legal notice dated 13.02.2003 has been issued and after receipt of the same, a false reply has been given on 10.03.2003. The plaintiff is always ready and willing to perform his part of the contract. Under the said circumstances, the present suit has been instituted for the relief sought therein.