- (1.) The plaintiff had submitted that the suit property belonged to first defendant Trust, which is a Private Trust, who had purchased the same under a registered Sale Deed, dated 18.11.1996. All the trustees had given their consent to the Secretary of the Trust for alienation of the suit property. Accordingly, the Secretary had entered into a Sale Agreement, dated 13.10.2004, with her for the sale of the suit property for a total sale consideration of Rs. 3,81,000/- and she had also paid a sum of Rs. 1,00,000/- as advance. Both the parties had agreed to execute Sale Deed within a period of 180 days from the date of agreement. After arranging the balance sale consideration, she had requested the Secretary of the Trust to execute the Sale Deed. But, he had refused to execute a Sale Deed and to fulfil the contractual obligation. Hence, she had filed a suit in O.S. No. 130 of 2005, before the learned Additional District Judge, Dindigul, for specific performance.
(2.) She had further submitted that the first defendant had agreed to sell the suit property along with other landed properties, measuring about 42 Acres, belonging to them. Therefore, her son Vijaya Bhoopathy had arranged to execute separate sale agreements in favour of him, his mother/plaintiff, sister Solochana, brother Kanakasabapathy and uncle Parthasarathy and accordingly, separate sale agreements had been executed. Though it had been mentioned in the agreements that possession of the subject property had not been handed over to the purchasers, on the date of the agreements itself her son Vijaya Bhoopathi was given possession of the entire subject property. From the date of the agreements, the agreement-holders had occupied the house situated in the subject property. Thereafter, on the consent of the first defendant, they had removed the unwanted trees and shrubs grown in the subject property.
(3.) Further, she had submitted that they had levelled the subject land by engaging JCP machine, rectified the damaged electrical wires fixed in the house situated on the subject land and rectified the damaged wires of the motor pumpsets, by spending a sum of Rs. 2,00,000/-. Subsequently, her son Vijaya Bhoopathy had paid an additional advance amount of Rs. 10,00,000/- on 16.12.2004 and Rs. 5,00,000/- on 17.01.2005 to the first defendant for all the five agreements. For the said payment, endorsements were made in the agreements. As such, she was liable to pay the balance sale consideration a sum of Rs. 31,000/-, after deducting the advance amount.;