M VEERA RAGHAVIAH Vs. M CHINA VEERIAH

JUDGEMENT

(1.) The plaintiff has preferred this appeal. He filed before the lower court in his bid for securing performance of an agreement of sale executed in his favour by the first defendant. He has now filed C. M. P. No. 1831 of 1974 to amend the plaint seeking performance of the agreement by the first defendant-respondent to the extent of the land to which he is entitled to with the stipulated price of Rs. 6,300.00 per acre, in case he is unable to perform the whole of the agreement and for refund of the amount paid in excess to him, or in the alternative for refund of the entire amount of Rs. 15,000.00 with interest at 5% per annum.

(2.) The plaintiff alleges: The agreement is Ex. A-1 dated 27/01/1969 and is in respect of Ac. 5-10 cents. The first defendant (respondent No. 1) alone executed this agreement agreeing to sell the aforesaid land at the rate of Rs. 6,300/- per acre. The sale was to be completed by the end of May of that year after measuring the land. The transaction purports to have been entered into by the first defendant to discharge his antecedent debts and for acquiring other properties. The second defendant is his major son and both of them constituted the joint family. However, the land in question is either self-acquired or separate property of the first defendant. Rs. 1,000.00 was paid on the date of the agreement. On 11th and 12/05/1969, a further sum of RS. 14,000.00 was paid and an endorsement to this effect was made on Ex. A-1 and the same is marked as Ex. A-30. Rs. 9,729.32 ps. was paid to the creditors of the first defendant directly on those dates and since the other creditors were not readily available the balance of Rs. 4,220.80 ps. was handed over to the first defendant for discharging those debts. Possession of the land was handed over to the plaintiff on the payment of Rs. 14,000.00. Thereafter the defendants failed to complete the transaction and execute a sale deed in his favour, though he was ready and willing to pay the balance and take a document. Hence he was obliged to seek performance from the Court.

(3.) The executant, viz., the first defendant, admits execution of the agreement, the existence of the debts, the need to sell the land to discharge them, the receipt of the two sums of Rs. 1,000.00 and Rs. 14,000.00 on the agreement and the discharge of his debts with the aid of those amounts He has debts to the tune of Rs. 12,000.00 more to be discharged. His son, the second defendant, has become quarrelsome and cantankerous and is raising all sorts of objections to the debts and the proposed sale. The land in question is his self-acquired or separate property. He is ready and willing to complete the transaction according to the terms of the agreement. It is thus seen that the first defendant goes the whole hog with the plaintiff.