MALLIKA; VINOTH KANNAN; SELVAM AND; ANANTHI Vs. MARIAPPAN

JUDGEMENT

(1.) The defendants in O.S. No. 75 of 2004, on the file of the Sub-Court, Tuticorin are the appellants before this Court.

(2.) For the sake of convenience, the parties are referred to as per their rankings in the suit.

(3.) Suit in O.S. No. 75 of 2004 was filed by the respondent/plaintiff for specific performance of a sale agreement dated 16.11.2003. The case of the plaintiff is that an agreement was entered into on 16-11-2003 by one P.Kasirajan who was the husband of the first defendant and father of the defendants 2 to 5, to sell the suit property for an amount of Rs. 2,00,000/- and received from the plaintiff a sum of Rs. 15,000/- towards advance on 16-11-2003 itself. The plaintiff also paid a sum of Rs. 65,000/- to the said P.Kasirajan on 19-11-2003 as per the Clause in the sale agreement and an endorsement was also made in the sale agreement. After receiving the second installment of Rs. 65,000/- towards further sale consideration, the said P.Kasirajan had given the original sale deed of the suit schedule property to the plaintiff. Further a sum of Rs. 5,000/- was also paid by the plaintiff to the said P.Kasirajan on 27-12-2003 and the same was also endorsed in the sale agreement. That apart, another sum of Rs. 5,000/- was paid by the plaintiff for which a separate receipt was given by the said P.Kasirajan. The original parent documents were also given by the first defendants's husband to the plaintiff. As per the terms of the agreement the said P.Kasirajan should execute the sale deed within four months from the date of execution of the above sale agreement. Though the plaintiff was ready and willing to pay balance sale consideration and the same was offered to the said P.Kasirajan, the said P.Kasirajan was hesitant to execute the sale deed pursuant to the sale agreement. In the meantime, the said P.Kasirajan died on 27-02-2004 leaving behind the defendants as his legal heirs. When the plaintiff approahced the legal heirs of said P.Kasirajan and expressed his readiness and willingness to pay the balance sale consideration pursuant to the agreement dated 16-11-2003 entered into by the said P.Kasirajan, the legal heirs of the said P.Kasirajan were not inclined. Hence, the above suit for the aforesaid prayer.