A REETA MARY Vs. RAJU

JUDGEMENT

(1.) The plaintiff having failed in her attempt to get a decree for Specific Performance, has preferred the above Second Appeal.

(2.) The case of the plaintiff is that one Ammakannu Ammal was the owner of the suit property, having purchased the same under a registered Sale Deed dated 13.06.1970. She had two sons, namely, Kaliyaperumal and Govindaraj. Ammakannu Ammal died in the year 2000 and the said Kaliyaperumal predeceased her. Kaliyaperumal's wife and the other son Govindaraj are added as defendants in the suit. The defendants 1 and 2 are the sons of the deceased Kaliyaperumal. The defendants 1 and 2 have earlier filed a suit in O.S.No.100/2002 on the file of the District Munsif, Tanjore, against the plaintiff herein and her husband for permanent injunction. It is stated that the said Ammakannu Ammal, during her life time entered into an agreement to sell the suit property in favour of the plaintiff by virtue of an unregistered agreement dated 13.04.1996 for a sum of Rs.31,420/- and on the date of the said agreement itself, Rs.15,500/- was paid as advance, the balance has to be paid within a period of three years and got the sale executed. Pursuant to the agreement, it is stated that the possession was also handed over to the plaintiff. It is a clear case of the plaintiff that ever since from the date of the agreement, the plaintiff was in possession of the suit property. It is stated that again, on 02.10.1996, the plaintiff had paid a further sum of Rs.15,500/- and the vendor Ammakannu Ammal also had made an endorsement for having received the said sum. Therefore, excepting a sum of Rs.420/- the entire sale consideration has been paid. As the plaintiff was ready and willing to perform her part of contract, the suit has been filed for specific performance.

(3.) The suit was resisted by the defendants denying all the facts averred in support of the case of the plaintiff in the suit. The title of Ammakannu Ammal is admitted by the defendants. It is further stated that there was no necessity for the said Ammakannu Ammal to sell the property in favour of the plaintiff and that too, by entering into a Sale Agreement which is unregistered. It is also stated that after the plaintiff had parted with almost the entire sale consideration, excepting a sum of Rs.420/-, there need not be a time period of 3 years for execution of the sale deed as alleged in the plaint and the plaintiff has never put in possession and she was not in possession of the property pursuant to the agreement. Therefore, prayed for dismissal of the suit.