MADHINA BEGUM Vs. PICHAYAMMAL

JUDGEMENT

(1.) PLAINTIFF in O. S. No. 62 of 1981, on the file of sub court, Chidambaram, is the appellant. Suit filed by him is one for specific performance of a agreement of sale dated 28. 3. 1981.

(2.) PLAINT schedule property belonged to the first defendant. PLAINTiff agreed to purchase the same for a total consideration of rs 62,100. On the date of agreement, a sum of Rs 12,100 was paid and the balance payable was Rs. 50, 000 out of the said amount, it was agreed that Rs. 8, 000 will have to be paid to one of the tenants occupying the building since the vendor has received advance from him. Another sum of Rs. 15,000 was to be paid to discharge a mortgage debt. Interest till that date was paid by the vendor. Three months period was also provided to settle the transaction and the balance amount o f Rs. 27, 000 was directed to be paid, and plaintiff was asked to take the sale deed on payment of such amount. The agreement further provided that on payment of balance of sale consideration and discharge of the above debts, the sale deed will be executed and on execution thereof, plaintiff will be put in possession.

(3.) AGGRIEVED by the judgment, appeal was filed by defendants as A. S. No. 87 of 1998, on the file of District Judge, Cuddalore. Lower Appellate Court reappreciated the entire evidence and held that plaintiff is not entitled to the relief of specific performance. The conduct of plaintiff was taken into consideration for the said purpose. The lower appellate Court was of the view that plaintiff i s playing a sharp practice to defeat the rights of defendant and equitable remedy should not be granted in his favour, and he has not come to Court with clean hands.