A.MAHESWARI Vs. R.BALASUBRAMANIAM

JUDGEMENT

(1.) The defendants in OS No.984 of 2010, having suffered a decree for specific performance at the hands of the Trial Court and confirmed by the Lower Appellate Court, have come up with this Second Appeal.

(2.) It is the case of the plaintiff that the defendants agreed to sell the suit property for a total consideration of Rs.9,00,000/- on 16.02.2010. An advance of Rs.3,00,000/- was paid by the plaintiff on the very same day and a time of 9 months was fixed for payment of the balance of sale consideration and execution of Sale Deed. Even within a period of 9 months, since the first defendant did not come forward to execute the Sale Deed, the plaintiff issued a notice on 05.10.2010 requiring the first defendant to execute the Sale Deed on receipt of the balance of sale consideration.

(3.) The first defendant sent a reply claiming that the second defendant, who is his daughter, had obtained a Settlement Deed from him on 26.04.2010 and she had in turn settled the property on her husband/the third defendant on 18.05.2010. It was also claimed by the first defendant that he had filed a suit in OS No.522 of 2010 against defendants 2 and 3 seeking cancellation of the Settlement Deed. Since the said process will take a longer time, the first defendant offered to return the advance money and cancel the Sale Agreement. Unwilling to accept the demands made in the reply notice, the plaintiff had filed the suit on 22.10.2010.