KARUNA Vs. S DHANAKOTTI

JUDGEMENT

(1.) Plaintiffs are the appellants.

(2.) Plaintiffs filed the suit in O.S.No.63 of 1984 on the file of Sub Court, Thirupattur, for specific performance and for possession, based upon the sale agreement - Ex.A1. The suit was dismissed by judgment and decree dated 07.10.1996. Challenging the same, plaintiffs filed the appeal in A.S.No.52 of 1997 before the Principal District Court, Vellore. The appeal was also dismissed by the judgment and decree dated 03.12.2002. Hence, the second appeal.

(3.) The plaintiffs are the nephews of the first defendant. The second and third defendants are the purchasers from the first defendant. The first defendant was the owner of the property. The next friend of the plaintiffs entered into a sale agreement in respect of the suit properties with the first defendant on 02.12.1983. The total sale consideration was Rs.52,250/-, out of which an advance of Rs.15,250/- is said to have been paid on the date of agreement itself. The balance amount of Rs.37,000/- is payable within a period of one year. The first defendant did not obtain income tax clearance certificate. The plaintiffs were ready and willing to perform their part of the contract. Hence, the suit for specific performance.