KUNJITHAM Vs. G THANIKACHALAM

JUDGEMENT

(1.) THIS Second Appeal is preferred against the concurrent findings of Courts below dismissing Plaintiff's suit for Specific Performance of contract. Legal heirs of unsuccessful Plaintiff is the Appellants in the Second Appeal. For convenience, parties are referred as per their array in the suit.

(2.) ADMITTED facts are that Plaintiff executed a sale deed dated 17.10.1984 with respect to suit property in favour of Defendant for a sale consideration of Rs.20,000/-. On the same day i.e. 17.10.1984, Defendant executed a registered deed of reconveyance in favour of Plaintiff and received Rs.250/- as an advance out of consideration of Rs.20,000/-. As per the deed of reconveyance, Plaintiff agreed to pay the balance sum of Rs.19,750/- to the Defendant within three years from the date of reconveyance deed.

(3.) ON the above pleadings, relevant issues were framed. Upon consideration of oral and documentary evidence, trial court held that Plaintiff was able to made ready the balance amount only on 21.3.1989. Pointing out that balance sale consideration was deposited only on 11.7.1990 in the court, trial court held that Plaintiff has not proved her readiness and willingness to perform her part of contract and that Plaintiff is not entitled to the relief of specific performance.