M ARUMUGAM Vs. P R JAYANTHI

JUDGEMENT

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

(2.) The defendant though served remain absent, hence set ex-parte. Plaintiff was examinied as P.W.1. In his evidence, P.W.1 has stated that the registered sale agreement was entered into between the parties for sale of property and the defendant has received a sum of Rs.30 lakhs as advance. Thereafter, she has not come forward to receive the balance sale consideration. Ex.P1 is the registered sale agreement. The defendant has agreed to sell the suit property for a total sale consideration of Rs.45 lakhs and received Rs.30 lakhs as advance on the date of agreement. Time stipulated in the agreement for execution of the sale deed is 12 months. As the defendant failed to execute sale deed, legal notice was issued to her under Ex.P2. Plaintiff received Ex.P3 legal notice, dated 23.5.2016 from the defendant. Ex.P4 is the reply notice given by the plaintiff. Ex.P5 is the rejoinder, dated 28.6.2016 sent by the defendant. Ex.P6 is the another legal notice sent by the plaintiff. Ex.P7 is the legal notice with returned cover, dated 13.1.2017. Despite intimation, the defendant failed to perform her part of the obligation under Ex.P1. Plaintiff is always ready and willing to perform his part of the obligation under Ex.P1. The defendant remain absent and set exparte. This Court carefully perused the evidence of P.W.1 and the documents relied upon by him. The evidence of P.W.1 remain unchallenged. Ex.P1 is the registered sale agreement, dated 18.8.2015. The records placed before this Court clearly shows that the plaintiff is always ready and willing to perform his part of the obligation under the sale agreement since he has paid the substantial portion of the sale consideration and he is ready to pay the balance sale consideration. Therefore, the plaintiff has made out a case for specific performance of the sale agreement.

(3.) Having regard to the evidence of plaintiff which remain unchallenged, this Court is of the view that the plaintiff has established his claim by way of oral as well as documentary evidence. Accordingly, the suit is decreed as prayed for with costs. The defendant is directed to execute sale deed within a period of one month from the date of decree failing which the sale deed shall be executed by the officer of the Court. Plaintiff shall deposit balance sale consideration of Rs.15 lakhs within a month from today.