RAJAMANI Vs. L P ALAGAPPA CHETTIAR

JUDGEMENT

(1.) Challenge in this Appeal Suit is to the judgment and decree dated 30.11.2010, passed in O.S.No.536 of 2009 by the Additional District and Sessions Court, (Fast Track Court No.III), Coimbatore.

(2.) The respondent herein, as plaintiff, has instituted O.S.No.536 of 2009, on the file of the trial Court, for the reliefs of specific performance and perpetual injunction in pursuance of sale agreement dated 03.07.2006, 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 2 and 3 and their father by name Veerasamy and all of them agreed to sell the same in favour of the plaintiff for a sum of Rs.28,90,000/- by virtue of the sale agreement dated 03.07.2006. On the date of its execution, they received a sum of Rs.90,000/-. Both the plaintiff and the defendants 2 and 3 and the said Veerasamy have mutually agreed to fulfil the conditions mentioned in the sale agreement dated 03.07.2006. The plaintiff has always been ready and willing to perform his part of the contract. On 08.07.2006, the plaintiff has paid another sum of Rs.5,00,000/- through cheque to the defendants 2 and 3 and their father viz., S.Veerasamy. The said Veerasamy has passed away leaving behind him the defendants 1 to 3 as his legal heirs. The defendants have failed to perform their part of contract. The plaintiff has also issued a notice dated 30.09.2006 and even after receipt of the same, the defendants have not come forward to execute a sale deed in favour of the plaintiff after receipt of balance of sale consideration. On 24.06.2009, the plaintiff has asked the defendants to execute a registered sale deed in favour of him, but the defendants have refused and even on the date of execution of sale agreement, possession of the suit property has been given to the plaintiff. Now the defendants have made attempts to make interference in peaceful possession of the plaintiff. Under the said circumstances, the present suit has been instituted for the reliefs sought therein.