BASKARAN Vs. MANIMARAN

JUDGEMENT

(1.) More than two decades ago, one Dr.C.Manimaran (hereinafter referred to as plaintiff) filed a suit in O.S.No.1 of 2007 in the District Court, Sivagangai, which was subsequently transferred to Sub Court, Devakottai (hereinafter referred to as 'trial Court'), owing to change in pecuniary jurisdiction and assigned the number O.S.No.76 of 2010. The suit was filed against one Ramanathan (hereinafter referred to as 'first defendant') and his sons and daughter, who were arrayed as defendants 2 to 6. 'Sons and daughter of Ramanathan' shall hereinafter be referred to as 'defendants 2 to 6'. To be noted, parties in this Second Appeal are referred to by their respective ranks in the trial Court for the sake of convenience and clarity.

(2.) The aforesaid suit was pivoted on an agreement to sell dated 20.04.2006, which was marked as Ex.A1 in the trial Court and the prayer was for specific performance. It is the case of the plaintiff that the first defendant agreed to sell a dwelling house standing on land ad-measuring 3525 sq.ft. or thereabouts in Devakottai Municipal Town, Devakottai Sub Registration District, Karaikudi Registration District. This extent of land is comprised in Survey No.85 Part in Devakottai Municipal Town. This 3525 sq.ft. of land together with superstructure thereon shall hereinafter be referred to as 'suit property' for the sake of convenience and clarity.

(3.) It is the case of the plaintiff that vide aforesaid agreement to sell i.e., Ex.A1, the first defendant agreed to sell the suit property to the plaintiff for a total sale consideration of Rs.5,50,000/- (Rupees Five lakhs and Fifty Thousand only). Further, Ex.A1 is to the effect that the execution of sale deed and the entire sale transaction should be completed on or before 15.09.2006. There is also another covenant in Ex.A1 to the effect that first defendant shall get his daughter and sons to join in the execution of sale deed.