KRISHNAVENI Vs. MUTHUMANICKAM

JUDGEMENT

(1.) This Appeal Suit has been directed against the judgment and decree dated 10.2.2015, passed in O.S.No.842 of 2008, by the First Additional District Court, Coimbatore.

(2.) The respondents 1 to 3 herein, as plaintiffs, have instituted Original Suit No.842 of 2008, on the file of the trial Court, praying to pass a decree of specific performance in pursuance of the suit sale agreement dated 02.07.2008.

(3.) The material averments made in the plaint are that the suit property is the absolute property of the defendants 1 to 3 and they derived title to the same by virtue of Settlement Deed dated 18.3.2003. The defendants 1 to 3 have agreed to sell the same in favour of the plaintiffs on the basis of Rs.1,22,000/- per cent. The plaintiffs have paid an advance amount of Rs.6 lakhs. Further it is agreed that within a period of four months, the defendants 1 to 3 have to execute a registered Sale Deed in favour of the plaintiffs. The plaintiffs are always ready and willing to perform their part of contract. On several occasions, the plaintiffs have approached the defendants 1 to 3 for getting a registered sale deed. On 31.10.2008, the plaintiffs have issued a telegram to the defendants 1 to 3 whereby directed them to execute a registered sale deed. The defendants 1 to 3 have given a false reply notice and also created a sale deed in favour of the 4th defendant. Under the said circumstances, the present suit has been instituted for the relief sought therein.