K MUTHUKUMARASAMY Vs. P SELLAMUTHU

JUDGEMENT

(1.) This Appeal Suit has been directed against the judgment and decree dated 21. 09. 2011 passed in O. S. No. 631 of 2009 by the Additional District and Sessions Court [Fast Track Court-I], Coimbatore.

(2.) The respondent herein, as plaintiff, has instituted O. S. No. 631 of 2009 on the file of the trial Court, praying to pass a decree of specific performance in pursuance of sale agreement dated 09. 10. 2006 or alternatively to pass a money decree in respect of advance amount with subsequent interest, wherein, the present appellants, has been shown as defendants.

(3.) The material averments made in the plaint are that the suit property is the absolute property of defendants 1 and 2 and both of them have entered into an agreement with the plaintiff to sell the same for a sum of Rs. 1,36,50,390/- and to that effect, a suit sale agreement has come into existence on 09. 10. 2006. On the date of its execution, the defendants have received a sum of Rs. 40,00,000/- as an advance. Further, it is recited in the suit sale agreement that the plaintiff should pay balance of sale consideration within a period of six months and the defendants are bound to execute a registered sale deed in favour of the plaintiff. Despite of repeated demands made by the plaintiff, the defendants have not come forward to receive balance of sale consideration and to execute a sale deed in favour of the plaintiff and at such circumstances, the present suit has been instituted for the relief sought therein.