A SIVASUBRAMANIAM Vs. T SAMBLINGAM

JUDGEMENT

(1.) The plaintiff whose suit for specific performance was dismissed by the Trial Court is the appellant.

(2.) According to the plaintiff the suit property was originally belonged to one Sannackkammal, who had bequeathed the same to the 1st defendant under the Will dated 17.05.1985. On 03.09.1993, the 1st defendant had entered into an agreement with the defendants 2 to 6 agreeing to sell the suit property for a total consideration of Rs.6,52,000/- and received an advance Rs.1,60,000/-. A period of 11 months was fixed for performance of the contract.

(3.) Subsequently on 25.01.1994, the 1st defendant had received further advance of Rs.2,00,000/- by way of demand drafts from the defendants 2 to 6. On the same day i.e. on 25.01.1994, the defendants 2 to 6 have entered into an agreement of sale with the defendants 7 & 8 with the knowledge of the 1st defendant. The period for performance of the agreement dated 25.01.1994 was fixed at 8 months. It is further claimed that the defendants 2 to 6 received a sum of Rs.3,00,000/- on 25.01.1994. Possession of the property was handed over to defendants 2 to 6 by the 1st defendant to enable them to divide the same into house sites and sell them in favour of intending purchasers.