K PERIYASAMY Vs. SELVAKUMAR

JUDGEMENT

(1.) The Civil Revision Petition is filed against the fair and decreetal order dated 14.02.2014 made in I.A.No.266 of 2013 in O.S.No.112 of 2010 on the file of the Sub-Court, Gobichettipalayam.

(2.) The first respondent herein as a plaintiff filed a suit for specific performance stating that the defendants 1 to 3 are owners of the suit property and they had entered into a sale agreement with the fourth defendant on 20.02.2010 and they agreed to sell the suit properties to the tune of Rs.10,00,000/- and the fourth defendant has paid a sum of Rs.3,50,000/- on the date of sale agreement itself as an advance. After receiving the balance sale consideration, the defendants 1 to 3 agreed to execute the sale deed. As the defendants 1 to 3 delaying the execution of the sale deed as per the terms of sale agreement dated 20.02.2010, on 05.05.2010, the fourth defendant received a sum of Rs.3,50,000/- from the plaintiff and transferred his right to the plaintiff by making an endorsement on the sale agreement. Even the plaintiff is ready and willing to perform his part of contract, the defendants 1 to 3 did not execute the sale deed in favour of him. So the plaintiff issued a notice to the defendants and after receipt of reply notice, the plaintiff filed a suit.

(3.) The defendants 1 and 2/revision petitioners herein filed a written statement and stated that the advance amount said to have been paid under the agreement of sale for the suit property is as security for the loan transaction and the defendants 1 to 3 gave signed blank papers (one stamped and three unstamped papers) to the fourth defendant. In the written statement itself, they had stated that the assignment made on the sale agreement needs registration.