NATRAJAN Vs. SMT. MARUDHAKKAL

JUDGEMENT

(1.) The unsuccessful plaintiff whose suit for specific performance or for the alternative relief of refund of advance amount was dismissed by the Trial Court, is the appellant.

(2.) The suit was filed for specific performance by the plaintiff in O.S.No.26 of 2005 on the file of Additional District Court-cum-Fast Track Court No.4, Coimbatore contending that the defendants 1 to 3 and one Pushpalatha, the daughter of the 1st defendant have entered into an agreement of sale with the plaintiff on 01.06.2001. Under the said agreement, the defendants 1 to 3 along with the said Pushpalatha had agreed to sell the agricultural land of an extent of 8 acres and 56 cents for a total consideration of Rs.13,00,000/. The plaintiff paid an advance amount of Rs.50,000.00 on the date of agreement and six months' time was fixed for performance of the agreement. The plaintiff would contend that he had made several payments on various dates amounting to Rs.10,42,000.00. The above payments were made between 28.09.2001 to 11.10.2004. The 3rd defendant, who is the son of the 1st defendant had made endorsements in the sale agreement dated 01.06.2001 acknowledging the receipt of a total sum of Rs.10,42,000.00. The above payments along with the advance amount of Rs.50,000.00 totalling a sum of Rs.10,92,000.00 paid by the plaintiff shows that only a sum of Rs.2,80,000.00 is payable by the plaintiff under the said agreement. Though six months period was fixed under the agreement, the conduct of the parties particularly the defendants in receiving monies after the expiry of six months, according to the plaintiff, would indicate that time is not the essence of the contract.

(3.) The plaintiff came to know that the defendants 1 to 3 were negotiating with defendants 4 and 5 for sale of the suit property and therefore, he met defendants 4 and 5 and informed them about the earlier agreement dated 01.06.2001. However, the defendants 4 and 5 had purchased the suit properties from the 1st defendant alone on 19.10.2004 under a sale deed registered as document No.4927/2004 in the Office of the Sub-Registrar, Sulur. The plaintiff had sent a telegraphic notice on 211.2004 calling upon the defendants to receive the balance sale consideration and to execute the sale deed. The defendants have not sent any reply. Hence, the plaintiff has come forward with the suit for specific performance or for an alternative relief of refund of advance amount.