M THIPPANNAN Vs. C RAMESH

JUDGEMENT

(1.) This Second Appeal is filed against the judgment and decree dated 31.10.2014 made in A.S.No.34 of 2013 on the file of the Principal District Court, Krishnagiri confirming the judgment and decree dated 19.07.2013 made in O.S.No.206 of 2008 on the file of the District Munsif Court, Krishnagiri.

(2.) The appellant is plaintiff challenging the concurrent findings of the Courts below. The parties are referred to as arrayed in the suit. The plaintiff filed O.S.No.206 of 2008 for specific performance of agreement of sale dated 18.01.2006 and for declaration that the sale deed dated 05.06.2008 executed by the 1st defendant in favour of the 3rd defendant as null and void.

(3.) According to the plaintiff, the deceased 1st defendant agreed to sell the suit property for a total sale consideration of Rs.35,000/-. An agreement of sale was entered into on 18.01.2006. The plaintiff paid Rs.30,000/- to the deceased 1st defendant as advance and three years time was fixed for paying the balance sale price of Rs.5,000/- and the 1st defendant agreed to execute the sale deed in favour of the plaintiff at the plaintiff's expenses. The plaintiff had approached the 1st defendant requesting him to receive the balance sale consideration and to execute and register the sale deed in his favour. The plaintiff is always ready and willing to perform his part of the contract. The 1st defendant was giving evasive reply and taking unnecessary time to execute the sale deed. The plaintiff, coming to know that the 1st defendant is making arrangements to settle the suit property on the 2nd defendant, issued notice dated 28.05.2008 through his advocate to the defendants 1 and 2, calling upon the 1st defendant to receive the balance sale consideration and to execute and register the sale deed and plaintiff also warned the 2nd defendant. The defendants 1 & 2 received the notice and sent a reply dated 17.06.2008 containing false and baseless allegations. They have stated in the reply that the first defendant sold the suit property to the 3rd defendant, who is the wife of the 2nd defendant on 05.06.2008 for a total sale consideration of Rs.5,50,000/- by deed of sale dated 05.06.2008. The 1st defendant died on 11.12.2009, pending suit. The defendants 4 to 9 were brought on record as legal heirs of the 1st defendant. The agreement of sale executed by the 1st defendant is binding on defendants 4 to 9 and they are legally bound to execute and register the sale deed in favour of the plaintiff. On these averments, the plaintiff has filed the suit for reliefs stated above.