B.SHEELADEVI Vs. G.MASILAMANI

JUDGEMENT

(1.) The defendants in O.S.No.101 of 2010 who suffered a decree for specific performance of the agreement of sale dated 17.10.2008, upon its confirmation by the lower appellate court, have come up with this Second Appeal.

(2.) The instant suit was laid by the plaintiff seeking specific performance of the registered agreement of sale dated 17.10.2008. According to the plaintiff, the defendants who are the owners of the property entered into the said sale agreement agreeing to convey the suit property for a consideration of Rs.6,50,000/-. A sum of Rs.4,60,000/- was paid as advance on the date agreement. Subsequently, on 10.01.2010, the 4th defendant for herself on behalf of the defendants 1 to 3 received further advance of Rs.40,000/- from the plaintiff. The receipt of the said Rs.40,000/- was endorsed in the agreement dated 17.10.2008. Thus, the defendants have received a sum of Rs.5,00,000/- towards part of sale consideration. A period of two years was fixed for performance under the agreement.

(3.) Since the defendants did not come forward to execute the sale deed inspite of repeated demands, the plaintiff issued a notice on 09.06.2010 within the period of the said 2 years seeking execution of the sale deed. In and by the said notice, the plaintiff had called upon the defendants to come over to the Office of Sub-Registrar, Ambur between 10.00 am and 2.00 pm on 21.06.2010 to execute the sale deed. The defendants 1 to 3 received the notices on 11.06.2010 and 12.06.2010. The notice sent to the 4th defendant was returned unserved.