GAJENDRAN AND OTHERS Vs. THANGAVEL

JUDGEMENT

(1.) This Appeal Suit has been preferred against the judgment and decree dated 06.09.2011 passed in O.S. No. 7 of 2007 by the Principal District Court at Puducherry.

(2.) The respondent herein as Plaintiff has instituted O.S. No. 7 of 2007 on the file of the trial court, praying to pass a decree of specific performance in pursuance of sale agreement dated 16.12006, wherein, the present appellants have been arrayed as defendants.

(3.) The material averments made in the Plaint are that the suit property is the absolute property of the defendants. The defendants have agreed to sell the same in favour of the Plaintiff for a sum of Rs. 16,30,000/- and to that effect, the suit sale agreement has come into existence on 16.12.2006 and on the date of its execution, the plaintiff has advanced a sum of Rs. 3,00,000/-. The defendants have agreed to execute a registered sale deed within a period of 30 days. During second week of January 2007, the plaintiff has approached the defendants to produce original title deeds and also encumbrance certificates so as to fix a date for registering a sale deed. But the defendants have not produced the same. The Plaintiff is always ready and willing to perform his part of the contract, by way of paying the balance of sale consideration of Rs. 13,30,000/-. The defendants have issued a notice dated 29.01.2007 and the same contains false allegations. On 05.02.2007, the plaintiff has issued a suitable reply notice. Since the defendants have failed to perform their part of the contract, the present suit has been instituted for the relief sought therein.