S. PATHMA Vs. V. RADHAKRISHNAN

JUDGEMENT

(1.) The plaintiff in OS No.1 of 2006 on the file of the District Court, Karaikal is the appellant. The suit in OS No.1 of 2006 was filed by the appellant seeking specific performance of an agreement of sale dated 06.10.2004 or in the alternative for refund of advance along with subsequent interest.

(2.) According to the plaintiff the deceased first defendant entered in to an agreement of sale dated 06.10.2004 with her for sale of the suit property for a total consideration of Rs. 9,00,000/-. On the date of the agreement the plaintiff paid a sum of Rs. 1,50,000/- as sale advance and a sum of Rs. 7,00,000/- by way of cheque dated 11.10.2004, which according to the plaintiff, was encashed by the deceased first defendant. The time for performance under the agreement was fixed as 12 months.

(3.) The plaintiff would contend that since the 1st defendant was hospitalized at Chennai, he could not execute the sale deed within the time fixed under the contract. According to her, she met the 1st defendant in the hospital at Chennai and the 1st defendant has assured that he would execute the sale deed after he is discharged from the hospital. Since the 1st defendant did not come forward to execute the sale deed even after his discharge from hospital, the plaintiff was forced to issue a legal notice to the 1st defendant on 07.01.2006 which was received by the 1st defendant on 25.01.2006. The plaintiff had in fact filed the present suit seeking specific performance on 10.02.2006. Thereafter, the 1st defendant had sent a reply notice dated 09.02.2006 which was received by the plaintiff on 13.02.2006, after she had filed the suit. The plaintiff had also deposited the balance of consideration of Rs. 50,000/- on 14.02.2006. On the above contentions the plaintiff claimed that she has been ready and willing to perform her part of the contract and therefore she is entitled to the relief of specific performance of the agreement of sale dated 06.10.2006.