J SURYAKANTHAM Vs. R SATHIYYAMMA

JUDGEMENT

(1.) The second appeal arises out of the suit for specific performance of an agreement of sale dated 3-6-1973 in respect of vacant land. The suit was decreed and in appeal, the judgment was confirmed. The second appeal is filed by the defendant. Ex.A-2 is the sale agreement.

(2.) The case of the plaintiff is that on the date of execution of the sale deed itself, the defendant received a total consideration of Rs.10,000/-in cash and the possession of the plaint schedule property was delivered. The defendant agreed to execute the sale deed as and when demanded by the plaintiff. As the plaintiff was in possession and enjoyment, the plaintiff did not press the defendant to execute the sale deed for considerable time. However, one year prior to the suit, the plaintiff requested the defendant to execute the sale deed. On 30-5-1979, the plaintiff purchased the stamp paper worth Rs.1,000/- and got the sale deed typed. When the plaintiff approached the defendant on the night of 30-5-1979, the defendant promised to come to the plaintiff's place on 1-6-1979 and sign and register the sale deed, but the defendant did not turn up. The plaintiff sent his son on 2-6-1979. At that juncture, the defendant and her husband informed the plaintiff's son that they were not prepared to execute the sale-deed. Hence the suit was filed in the year 1979.

(3.) The case set up by the defendant is that Rs.10,000/- was not paid on the date of agreement and it was only promised to be paid and the possession was to be delivered on receipt of the same. The property remained in possssion of the defendant. The plaintiff informed the defendant orally that she was not interested in taking the sale-deed and promised to return the sale agreement and the original sale-deed dated 15-2-1971 executed by the defendant's vendor, the defendant denied the allegation that she agreed to sign and register the sale-deed on 1-6-1979.