MR. N. VENUGOPAL Vs. MR. N.D. SUKUMAR

JUDGEMENT

(1.) Challenge in this appeal suit is to the judgment and decree dated 22.01.2009 passed in O.S.No.165 of 2007 by the Fast Track Court No. III, Coimbatore.

(2.) The respondents herein, as plaintiffs, have instituted Original Suit No.165 of 2007 on the file of the trial Court praying to pass a decree of specific performance in pursuance of sale agreement dated 11.03.2006 or alternatively to pass a decree in respect of return of advance amount with 24% interest per annum and also for the relief of perpetual injunction, 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 plaintiffs for a sum of Rs. 64 lakhs. Under the said circumstances, the suit sale agreement has come into existence on 11.03.2006 and on the date of its execution, an advance amount of Rs. 5 lakhs has been received by the defendants and subsequently on various dates, another sum of Rs. 5 lakhs has been paid to the defendants and in aggregation, the plaintiffs have paid a sum of Rs. 10 lakhs. After execution of sale agreement dated 11.03.2006, a Power of Attorney Deed has been executed by the defendants in favour of the plaintiffs so as to change classification of the suit property. In pursuance of Power of Attorney Deed, the plaintiffs have made various efforts to change the classification of the suit property. But, all of a sudden, the defendants have cancelled the Power of Attorney Deed on 28.02.2007. The plaintiffs have always been ready and willing to perform their part of contract. Since the defendants have evaded in executing a sale deed after receipt of balance of sale consideration, a legal notice dated 09.03.2007 has been issued to them, whereby called upon them to come to Registrar Office on 15.03.2007. Under the said circumstances, the present suit has been filed for getting the reliefs sought therein.