D KUPPUSWAMI Vs. P ARUMUGA NAIDU

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree, dated 21.9.1994, made in A.S.No,2 of 1994, on the file of the Sub Court, Tirupattur, confirming the judgment and decree, dated 30.9.1993, made in O.S.No,777 of 1983, on the file of the District Musif Court, Tirupattur.

(2.) THE plaintiffs in the suit, in O.S.No,777 of 1983, are the appellants in the present second appeal and the defendant is the respondent in the present second appeal. However, in view of the fact that the respondent had died, his legal heirs had been brought on record as respondents 2 to 6, by an order of this court, dated 16.7.2007 made in C.M.P.No.10687 of 1996. THE appellants herein, who were the plaintiffs in the suit, had filed the suit, in O.S.No,777 of 1983, praying for the relief of specific performance and for costs.

(3.) ON several occasions, the plaintiffs had been demanding the reconveyance of the suit property. However, they had been postponing the event on one pretext or the other. Thereafter, on 30.6.1983, the plaintiff had requested the defendant to execute the sale deed in their favour. Though the defendant had assured the plaintiffs that he would execute the sale deed, soon thereafter, he had not done so. In such circumstances, the plaintiffs had issued a notice through their counsel, on 1.7.1983, calling upon the defendant to execute the sale, as agreed by the defendant, under the agreement of reconveyance, dated 3.7.1980. Even though the plaintiffs had always been ready and willing to perform their part of the contract, the defendant had failed to perform his duty.