BALAKRISHNAN Vs. K JAYALAKSHMI

JUDGEMENT

(1.) THIS appeal is directed against the Judgment and decree passed by the lower Court in O.S.No.254 of 1991 dated 17.08.1993 on the file of the Subordinate Judge, Tirupattur, North Arcot, Ambedkar District.

(2.) THE plaintiff/R1 herein filed her plaint which would run thus: - Originally, the suit property is a self acquired property by the first defendant. The plaintiff and the first defendant entered into an sale agreement dated 25.06.1990 for a sum of Rs.39,500/ -. As per the said agreement, the first defendant received a sum of Rs.15,000/ - as advance from the plaintiff and agreed to get the remaining amount of Rs.24,500/ -. The first defendant agreed to vacate the tenant in the schedule mentioned property within a period of one year but he did not perform his part of the contract and therefore, the plaintiff approached the first defendant several times to return the advance amount. The second defendant had knowing fully well about the agreement existing in between the plaintiff and the first defendant purchased the schedule mentioned property and he cannot be considered as a bonafide purchaser for the value. The plaintiff was waiting for the first defendant to come and execute the sale deed on 02.09.1991 at the Sub Registrar Office and she had caused notice earlier during the last week of August 1991 to come and execute the sale deed but the first defendant had purposely even without vacating the tenant from the schedule mentioned property executed the sale deed in favour of the second defendant. Hence, she filed a suit against the defendants in O.S.No. 254 of 1991 for specific performance of agreement entered into between the Plaintiff and the first defendant on 25.06.1990 agreeing to sell the schedule mentioned property in favour of the first defendant for a sum of Rs.39,500/ -.

(3.) THE second defendant had filed his written statement, which would run as follows: -