CHAKRAVARTHY & ORS. Vs. JAYARAMAN & ANR.

JUDGEMENT

(1.) This Appeal Suit has been directed against the judgment and decree dated 24.06.2011 passed in O.S.No. 37 of 2009, by the Principal District Court, Cuddalore.

(2.) The respondent herein, as plaintiff, has instituted O.S.No. 37 of 2009, on the file of the trial Court, praying to pass a decree of specific performance in pursuance of sale agreement dated 11.09.2006, wherein, the present appellants have been arrayed as defendants 1 to 9.

(3.) The material averments made in the plaint are that the suit property is the absolute property of the defendants 1 to 9 and they agreed to sell the same for a sum of Rs. 32 lakhs in favour of the plaintiff and to that effect, a sale agreement has come into existence on 11.09.2006 and on the date of its execution, an advance amount of Rs. 3 lakhs has been given. Further it is agreed to the effect that the plaintiff should pay balance of sale consideration within a period of 10 months and get a sale deed registered from the defendants 1 to 9. On 22.2.2007, a sum of Rs. 1,00,000/- has been given to the first defendant and to that effect an endorsement has been made on the suit sale agreement. Likewise, on 31.05.2007, a sum of Rs. 50,000/- has been given to the first defendant and on 27.11.2007 another sum of Rs. 50,000/- has been given to the first defendant and to that effect also endorsements have been made on the suit sale agreement. The plaintiff has always been ready and willing to perform his part of contract. The defendants 1 to 9 have failed to perform their part of contract as stipulated in the suit sale agreement. Under the said circumstances, a legal notice dated 18.2.2009 has been issued by the plaintiff and after receipt of the same, a reply notice dated 28.2.2009 has been given, wherein a total denial has been made in respect of execution of the suit sale agreement dated 11.09.2006. Further, the defendants 1 to 9, after removing crops, have measured the suit property only in the year 2009. Since the defendants 1 to 9 have refused to execute a registered sale deed in favour of the plaintiff, even after receipt of legal notice, the present suit has been instituted for the relief sought therein.