MUNIYAMMAL Vs. K. R. MANICKAM

JUDGEMENT

(1.) Challenge in this second appeal is made to the Judgement and Decree dated 08.04.2019 passed in A.S.No.9 of 2018 on the file of the Principal District Court, Krishnagiri, confirming the Judgment and Decree dated 28.03.2017 passed in O.S.No.38 of 2015 on the file of the Subordinate Court, Uthangarai.

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

(3.) Originally, the suit had been laid by the deceased first plaintiff against the defendant for the relief of specific performance in respect of the sale agreement dated 05.03.2008 said to have been executed by the defendant in favour of the deceased first plaintiff for selling the suit properties in favour of the deceased first plaintiff for a sum of Rs.1,20,000/- and accordingly, the deceased first plaintiff put forth the case that he had paid a sum of Rs.1,00,000/- to the defendant on the date of the sale agreement and the sale agreement had also been registered and the defendant had entrusted the original title deeds to him and further, it is stated by the deceased first plaintiff that he had also paid the balance sale consideration of Rs.20,000/- to the defendant on 12.01.2009 and in that connection, the defendant had also made an endorsement granting extension of time for completing the sale transaction and accordingly, put forth the case that inasmuch as the defendant had not come forward to execute the sale deed pursuant to the sale agreement, despite the receipt of the sale consideration in toto and also the issuance of notice dated 22.08.2009, accordingly, the deceased first plaintiff is found to have come forward with the suit against the defendant seeking the relief of specific performance.