LAWS(MAD)-2018-8-764

MARRIAMMAL Vs. S SATHYABAMA

Decided On August 16, 2018
Marriammal Appellant
V/S
S Sathyabama Respondents

JUDGEMENT

(1.) The appellants are the legal heirs of the deceased defendant Marimuthu. The respondent/plaintiff Sathya Bama filed a suit for specific performance of contract dated 31.01.1994 in O.S.No.290 of 1997 before the Court of Subordinate Judge, Erode against the defendant Mr.C.Marimuthu. The defendant was set ex-parte by the learned Additional Subordinate Judge. However, the suit was dismissed on 15.07.1998 by the learned Subordinate Judge, Erode on the ground that the respondent/plaintiff Sathya Bama did not deposit the balance sale consideration before the Court and instead prayed for granting two months' time for depositing the balance sale consideration.

(2.) Aggrieved over the said judgment dated 15.07.1998, the plaintiff preferred an appeal in A.S.No.218 of 1998 before the I Additional District Judge, Erode and the appeal was allowed on 201.2000 on the following grounds:-

(3.) Now, the second appeal is filed by the legal heirs of the defendant Marimuthu contending that the decision in AIR 1970 SCC 546 has no application in the instant case and that there is no evidence to show that the respondent/plaintiff was ready and willing to perform her part of the contract. According to them, the respondent/plaintiff did not also satisfy the requirement of Section 16(c) of the Specific Relief Act.