V RAMANUJAM Vs. RAJAMANI

JUDGEMENT

(1.) The appellants in A.S.No.469 of 1986 are defendants-1 and 2 in the suit. The first respondent (since deceased) is the plaintiff and the other respondents are the legal representatives of the plaintiff and defendants-3 and 5.

(2.) The plaintiff filed the suit for specific performance on the basis of an agreement dated 30.6.1980, fixing the sale consideration for a sum of Rs.67,000/- and the defendants-1 and 2 have received a sum of Rs.10,000/- as advance. According to the plaintiff, defendants-1 and 2 have agreed to receive the balance sale consideration of Rs.57,000/- on or before 15.11.1980 and execute the sale deed. It is the further case of the plaintiff that he was always ready and willing to perform his part of the contract and he was having necessary money to pay the balance sale consideration. Since defendants-1 and 2 have delayed the execution of the sale deed, the plaintiff issued a telegram on 15.11.1980, requesting defendants-1 and 2 to go over to the Sub Registrar's office at Valappadi to execute the sale deed and complete the formalities.

(3.) According to the plaintiff, though the telegram was received by defendants-1 and 2, they did not turn up; but sent a reply stating that they would execute the sale deed on 20.11.1980. The plaintiff has further contended that even though it was agreed to sell the land as indicated above, which included the suit property and two electric motors and tamarind tree and other trees, in all worth about Rs.5,500/-, defendants-1 and 2 removed the same, and as such, a notice was issued to them to deduct the said value. In fact, though the plaintiff was waiting in the office Sub Registrar on 20.11.1980 as requested by defendants-1 and 2, they did not turn up to execute the sale deed. Instead of turning up to the Office of the Sub Registrar, defendants-1 and 2 have sent a reply on 22.11.1980 with various false allegations. Hence, the suit for specific performance was filed for the relief stated therein.