INDIRANI ALIAS VEDANAYAKI Vs. CHITRA

JUDGEMENT

(1.) THIS Second Appeal is directed against the Judgment in A. S. No. 45/1996 reversing Judgment of the trial court and thereby decreeing Plaintiff's suit for Specific Performance. Defendant is the Appellant in the Second Appeal. For convenience, parties are referred as per their array in the suit.

(2.) CASE of Plaintiff is that she has paid the entire sale consideration of Rs. 5,000/- on 12. 01. 1987 to the Defendant for purchase of suit property and that Defendant after receipt of sale consideration of Rs. 5,000/- had executed the deed of sale (Ex. A1) which was prepared on 12. 01. 1987 and that Defendant also executed the copy of sale deed which has to be presented to the Registration Department and that Plaintiff was put in possession of the suit property in part performance by Defendant and thereafter, Defendant failed to execute the sale deed for registration before the Registration Department despite several requests. After issuing legal notice Ex. A2 dated 17. 11. 1992, Plaintiff has filed suit for Specific Performance. According to the Plaintiff, she was always ready and willing to complete the process of sale and she has spent Rs. 600/- towards purchase of stamp paper and preparation charges.

(3.) DEFENDANT opposing maintainability of suit. According to the Defendant, Plaintiff ought to have had recourse to the procedure prescribed under Indian Registration Act. One Srinivasan filed suit against the Defendant in O. S. No. 343/1987 for Specific Performance which was dismissed by the Principal Subordinate Judge, Pondicherry. The said Srinivasan who arranged for sale of Plots had appropriated the sale consideration and the said Srinivasan should have obtained signature from the Plaintiff and that Defendant has not received the consideration of Rs. 5,000/- and therefore, Defendant is not liable to execute the sale deed.