BAFNA DEVELOPERS Vs. D K NATARAJAN

JUDGEMENT

(1.) This Appeal arises out of the judgment and decree dated 31.1.2003 made in O.S. No. 104 of 2001 on the file of Additional District Judge-cum-Fast Track Court, Coimbatore dismissing the Plaintiff/Appellant's suit for specific performance. The unsuccessful Plaintiff is the Appellant. For convenience, the parties are referred in their original rank in the suit.

(2.) The suit was originally filed before the Sub-Court, Coimbatore and numbered as O.S. No. 1272 of 1995 and later transferred to the Additional District Judge -cum- Fast Track Court, Coimbatore and re-numbered as O.S. No. 104 of 2001. The suit property and other properties originally belonged to late Kuppuswamy Chettiar ? the father of Defendants. He died intestate on 27.6.1968. After the death of Kuppuswamy Chettiar, his widow ? D.K. Saraswathy and his children partitioned the properties under registered partition deed dated 7.6.1975. Since then Defendants and their mother D.K. Saraswathy have been in peaceful possession and enjoyment of the suit property. The Government of Tamil Nadu desirous of acquiring the suit property for the purpose of housing Coimbatore Central Post Office issued 4(1) notification to acquire an extent of 28,222 sq.ft of land situated in T.S. No. 935/2. The Defendants have filed their objections before the Revenue Divisional Officer, Coimbatore.

(3.) Case of Plaintiff is that after filing of objections for land acquisition proceedings, the Defendants have approached the Plaintiff offering to sell the suit property. The Plaintiff offered all kinds of assistance to get the suit property de-notified from acquisition. The Plaintiff and Defendants have entered into an agreement of sale on 2.7.1986 and the price agreed to be paid by the Plaintiffs to the Defendants is Rs. 125/- per sq.ft. Parties have further agreed that as per the agreement the Plaintiff should pay Rs. 2,75,000/- towards the estimated and agreed value of the buildings standing in the suit property. The Plaintiff has paid an advance of Rs. 1,00,000/- by way of five cheques of Rs. 20,000/- to each of the Defendants and their mother ? D.K. Saraswathy. As per the terms of agreement, the Plaintiff would endeavour to get the property freed from acquisition and take the sale deed.