P.B.PRINCE ANDREW Vs. K.V.RATHNAM

JUDGEMENT

(1.) The suit is filed for specific performance or in the alternative for recovery of the advance amount paid to the defendant and for costs.

(2.) The brief facts of the case of the plaintiff are as follows: The defendant by an agreement of sale dated 21.11.2010 agreed to sell the plot No.C35 measuring a plinth area of 412 of 25 together with 1/25 th share in the land to an extent of 2,725 sq.ft. for a total sale consideration of Rs.2,10,00,000/- to the plaintiffs. On the date of agreement, an advance amount of Rs.30,00,000/- has been paid. The time stipulated for the completion of the sale is on before 20.2.2011. It is also agreed between the parties that the sale is subject to the approval of the defendant's title to the property by the advocate of the plaintiffs, whose opinion shall be final. The plaintiffs have also paid another sum of Rs.5,00,000/- on 09.04.2011 through bank transaction. Thus, the balance consideration payable is only Rs.1,75,00,000/-. As the plaintiffs' lawyer required planning permission to give his opinion and the same was communicated to the defendant to furnish the planning permission. However, the defendant did not provide the planning permission immediately. Therefore, the plaintiffs having invested heavy amount, informed the defendant that they are not insisting on planning permission and requested him to complete the sale transaction.

(3.) The defendant has evaded the sale. Having taken substantial advance from the plaintiff, the defendant also leased out the properties to the third parties and avoided to perform his part of the contract. The plaintiffs are always ready and willing to continue to perform the obligation. As the defendant is avoiding the completion of sale, the plaintiffs issued a legal notice on 10.10.2013 calling upon the defendant to execute the sale deed after receipt of the balance sale consideration. Though the defendant received the legal notice sent by the plaintiffs, he neither replied nor came forward to execute the sale deed. Hence, the suit for specific performance or in the alternative for recovery of a sum of Rs.53,00,000/- together with interest at the rate of 18% per annum on Rs.35,00,000/- from the date of plaint till the date of realization.