K. KANAGASABAI AND OTHERS Vs. R. SANKAR

JUDGEMENT

(1.) This Original Side Appeal has been filed against the judgment and decree dtd. 10/12/2012 passed by the learned Single Judge in C.S.No.923 of 2005 on the file of this Court, decreeing the said suit filed bv the respondent herein bv granting the relief of specific performance with a further direction directing the appellants to receive the balance amount of Rs.4,53,000.00 which is lying in the Court deposit forthwith and execute and register the sale deed in respect of the suit schedule property in favour of the respondent, in default the Assistant Registrar, Original Side-I of this Court to execute the sale deed in favour of the plaintiff on behalf of the defendants/appellants.

(2.) The appellants are the defendants and the respondent herein is the plaintiff in the suit filed before the learned Single Judge. For the sake of convenience, the parties are herein referred to as they are ranked in the suit as plaintiff and defendants.

(3.) It is the case of the plaintiff that the first defendant is the father of the defendants 2 to 4. The defendants have entered into a sale agreement with the plaintiff with an intention to sell their house property situated at Plot No.111, 4th Street, Door No.5, E.K. Ragava Reddy Colony, Jaffarkhanpet, Chennai-600 015. Subsequently, the defendants 1 to 4 have executed a sale agreement in favour of the plaintiff on 27/5/2005 by confirming the sale consideration of Rs.40.00 lakhs. According to the plaintiff, on 27/5/2005, while executing the sale agreement, the defendants 1 to 4 have received a sum of Rs.20.00 lakhs as sale advance from the plaintiff and handed over all the original documents pertaining to the suit property. The defendants 1 to 4 and the plaintiff agreed to complete the sale process within six months from the date of the sale agreement. Further, the plaintiff paid to the defendants 1 to 4 further sale advance of Rs.15,47,000.00 on various occasions to meet their family expenses and to settle their debt and last of such amount was received on 7/9/2005. To this effect, the defendants 1 to 4 have made endorsement on the reverse side of the sale agreement and thereby acknowledged the amount paid to them by the plaintiff. Thus, the plaintiff has paid a total sum of Rs.35,47,000.00 till 7/9/2005 to the defendants 1 to 4 towards sale consideration. The plaintiff has to pay the balance amount of Rs.4,53,000.00 to the defendants 1 to 4. Though the plaintiff called upon the defendants 1 to 4 on several occasions to receive the balance sale amount and execute the sale deed in his favour, the defendants 1 to 4 prolonged the sale process by assigning lame excuse. In fact, the first defendant had also executed a General Power of Attorney supporting the agreement to and in favour of the plaintiff on 31/5/2005, which was registered with the Sub-Registrar, Jaffarkhanpet, vide Document No.486 of 2005 and subsequently, the plaintiff came to understand that the first defendant had cancelled the Power Deed and was attempting to sell the suit property to a third party. The plaintiff was always ready and willing to pay the remaining sale consideration of Rs.4,53,000.00and since the defendants were dragging on the sale proceedings, the plaintiff has filed the present suit for the following reliefs: