PERIASAMY Vs. MANOHARAN AND ORS.

JUDGEMENT

(1.) THE plaintiff in a suit for specific performance is the appellant.

(2.) THE plaintiff has made his claim based on Exhibit A -1 dated 24.06.1997, which is an agreement to sell, as per which, the first respondent is alleged to have entered into an agreement with the plaintiff to sell the suit property for a sum of Rs. 18,500/ - and an advance of Rs. 500/ - was paid. It was agreed that the balance of the sale consideration would be paid within a period of 50 days from the date of the agreement. As the defendant was not coming forward to execute the sale deed in favour of the plaintiff, legal notice was issued by the plaintiff under Exhibit -A.2 on 11.07.1997, for which, there was no reply from the defendant. Hence the suit has been filed for specific performance.

(3.) BEFORE the Trial Court, the plaintiff examined himself as PW -1 and two more persons, who signed as witnesses to Ex. A.1 were examined as PW -2 and PW -3 and Exhibits A1 to A5 were marked. On the side of the defendants, the first defendant examined himself as D.W. -1 and one another witness the scribe of A1 was examined as D.W. -2 and no Exhibit was marked on the side of the Defendants.