M MALLIKA Vs. P BANUMATHI

JUDGEMENT

(1.) Challenge in this Appeal Suit is to the judgment and decree dated 31.07.2017, passed in O.S.No.259 of 2008, by the I Additional District and Sessions Court, Salem.

(2.) The deceased plaintiff, by name, Pradhaban, has instituted O.S.No.259 of 2008, on the file of the trial Court, praying to pass a decree of specific performance, in pursuance of the sale agreement dated 25.06.2008, alleged to have been executed by the first defendant.

(3.) The material averments made in the plaint are that the suit property is the absolute property of the first defendant and she entered into a sale agreement, dated 25.6.2008 with the deceased plaintiff and thereby agreed to sell the same for a sum of Rs.24,10,000/-. On the date of its execution, an advance amount of Rs.8 lakhs has been received by the first defendant. In the sale agreement, dated 25.06.2008, period of execution has been fixed as two months. On 21.08.2008, the deceased plaintiff has paid a sum of Rs.2 lakhs and on 06.09.2008, he has paid another sum of Rs.1 lakh and thereby elongated the time mentioned in the sale agreement. The deceased plaintiff has always been ready and willing to perform his part of the contract. He has also issued a legal notice, whereby called upon the first defendant to receive balance of sale consideration and to execute a registered sale deed. But the first defendant has not come forward to execute a sale deed in favour of the plaintiff, after receipt of balance of sale consideration. Under the said circumstances, a suit has been filed for getting the relief sought therein.