KARUPPANNA GOUNDER; THANGAVEL; SELVARAJ; NATESAN Vs. P NALLUSAMY

JUDGEMENT

(1.) The defendants in the suit have filed the present appeal challenging the judgment and decree in O.S. No. 254 of 1995, wherein the Court below has decreed the suit filed by the respondent for specific performance.

(2.) The case of the plaintiff in a nut shell is as follows:

(3.) A written statement has been filed by the defendants stating that it is true that the defendants have agreed to sell the suit property to the plaintiff and the price was fixed at Rs. 2,390/- per cent. It is also true that the defendants have received a sum of Rs. 1,35,000/- from the plaintiff. It is denied that the plaintiff is ready and willing to perform his part of the contract. It is the plaintiff who evaded the execution of the sale deed as per the agreement. It is not true that the plaintiff was waiting for the defendants on 08.05.1995 for the execution of the sale deed. It is the plaintiff who violated the terms of the agreement and he has not issued the notice demanding the execution of the sale deed. The plaintiff is not entitled to return money of Rs. 1,35,000/-, since the delay was due to the plaintiff. Hence the defendants prayed for the dismissal of the suit.