- (1.) Delay condoned. Leave granted.
(2.) This appeal arises out of the judgment dated 17.11.2011 in S.A. No.332 of 2005, whereby the High Court of Madras dismissed the second appeal affirming the judgment passed by the first appellate court which reversed the judgment of the trial Court allowing the respondents' plea of specific performance of agreement of sale.
(3.) Brief facts, giving rise to the present appeal, are as follows:- Respondents have pleaded that on 30.09.1987, the appellant agreed to sell the suit property to the respondents for a sum of Rs.45,000/- and an agreement of sale was entered into and the appellant received a sum of Rs.25,000/- as advance on the same day and it was agreed that the balance amount shall be paid within a period of 2 years and the sale be executed and to that effect a Sale Agreement (Ex. P1) was executed. As the appellant was unable to vacate the house on 21.03.1990, the time stipulated for performance was extended and Second Agreement (Ex. P-2) was executed, on which day, the respondents paid a further advance of Rs.15,000/- and the period was extended to another three years. According to the respondents, within the stipulated period, the appellant did not shift to another house and on 09.03.1993, the respondents paid a further sum of Rs. 2,500/- to the appellant and third Sale Agreement (Ex. P-3) was executed and the period was extended by another two years. Case of the respondents is that they were ready and willing to perform their part of contract in getting the sale executed by paying the balance amount to the appellant but the appellant did not come forward to execute the sale deed. There was exchange of legal notice between the parties, and thereafter, respondents filed a suit for specific performance stating that they were always ready and willing to perform their part of the contract.;