VELAYUDHAM Vs. PERUMAL

JUDGEMENT

(1.) The unsuccessful defendant in both the Courts below has preferred the second appeal aggrieved against the judgment and decree passed by the District Court, Tiruvannamalai in AS 112/98 dated 14-7-99, confirming the judgment and decree of the Trial Court dated 21-8-98 in OS. No. 65/92.

(2.) The case in brief is as follows :-The plaintiff filed the suit for specific performance of the agreement of sale dated 14-2-92. The schedule mentioned properties belong to D1 and he agreed to sell the property to plaintiff for a consideration of Rs. 40,700/- and a sum of Rs. 6000/- was paid by way of advance. It was agreed between the parties that the plaintiff has to pay the balance of the sale consideration within 14-8-92 and get the sale deed executed and registered. In spite of repeated demands made by the plaintiff to receive the balance amount and execute the document, D1 evaded. The plaintiff issued a lawyer's notice on 17-3-92 and it was served on 18-3-92. The plaintiff also objected before the Sub- Registrar, Kannamangalam when the 1st defendant executed a sale deed in favour of the 2nd defendant with regard to the suit property. The plaintiff was always ready and willing to perform his part of the contract, knowing fully well about the agreement of sale between the plaintiff and D1 and as such the sale in favour of D2 is invalid and will not bind the plaintiff.

(3.) The 1st defendant remained ex parte.