CHINNAMMAL Vs. CHINNATHAMBI

JUDGEMENT

(1.) THE plaintiff is the appellant herein.

(2.) THE suit is one for specific performance of the agreement of sale.

(3.) THE plaintiff/appellant Chinnammal would contend in the plaint, that the defendant entered into a written sale agreement with the plaintiff on 29. 09. 1988 to sell the suit property at the rate of Rs. 29,000/- per acre and received a sum of Rs. 5000/- as advance from the plaintiff. The defendant agreed to receive the balance amount of Rs. 24,000/- from the plaintiff on or before 15. 12. 1988 and execute the sale deed in the name of the plaintiff. It is contended that the defendant was not ready to perform his part of the contract inspite of the demand made by the plaintiff to execute the dale deed receiving the balance sale consideration. The plaintiff issued a notice through her counsel on 09. 12. 1988 calling upon the defendant to execute the sale deed, receiving the balance sale consideration. But the defendant did not give any reply to the said notice. Hence the suit for specific performance of the agreement of sale.