P USHA RANI Vs. M THIRUNAVUKARASU

JUDGEMENT

(1.) Suit is for specific performance of an agreement of sale entered into between the plaintiff and the deceased first defendant on 03.10.2007.

(2.) The case of the plaintiff in brief is as follows:

(3.) It is claimed that a further sum of Rs.3,50,000/- was also paid by the plaintiff to the first defendant. The period of three months fixed for performance under the agreement expired on 26.09.2007. The plaintiff had issued a notice on 24.09.2007 demanding performance. Since, the Sale Deed could not be executed within the time fixed under the agreement dated 27.06.2007, the first defendant executed another agreement on 010.2007, which is in fact a renewal agreement. On 010.2007, the plaintiff paid a further sum of Rs.2,00,000/- to the tenant, who was occupying the second floor and the plaintiff was put in possession of the second floor portion of the suit property. Thus, according to the plaintiff a sum of Rs.13,00,000/- was received by the deceased first defendant as advance. The receipt of the said sum of Rs.13,00,000/- was acknowledged in the agreement dated 010.2007. The said agreement provided for a period of three months for payment of the balance of sale consideration and for execution of Sale Deed. Since the defendant did not come forward to execute the Sale Deed despite several demands, the plaintiff issued a notice on 27.02008, requesting the first defendant to discharge mortgage and execute the sale deed after receiving the balance of sale consideration. Despite receipt of the said notice, the first defendant neither came forward to execute the sale deed nor did he send any reply to the said notice dated 27.02008. Therefore, the plaintiff has come forward with the present suit seeking specific performance of the agreement of Sale dated 010.2007.