JUDGMENT :- This suit for specific performance was filed originally against one defendant. Since he died pending suit, his legal representatives were added as defendants-1 to 4.

2. The plaint averments are as follows : The plaintiff intended to start an Educational Society with various teaching institutions; she was in search of suitable extent of vacant land to start the institution. While so, the original defendant represented to her that he is the sole and absolute owner of the suit property, having purchased the property in public auction held by Murrey and Company on 12-11-1975, under a registered sale deed; he further represented that a portion of the said property together with the bungalow and the appurtenant land was already sold to one Saraswathy Kailasam under a registered deed of sale, dated 29-3-1984 and the balance of the land to the extent of 9 acres 50 cents were available and it was free from all encumbrances and he was ready and willing to sell the land for a sum of Rs. 15 lakhs; the plaintiff agreed to purchase the same, subject to the approval of title and some other conditions. Accordingly, the plaintiff entered into an agreement for sale with the original defendant, represented by his Power of Attorney, on 4-11-1985 at Madras; on 17-3-1985, a sum of Rs. one lakh was already paid as advance and the defendant further received another sum of Rs. 4 lakhs on 18-6-1985 amounting to a total advance of Rs. 5 lakhs; the original defendant acknowledged the receipt of the same in the agreement. The original defendant agreed to obtain exemption for the transfer of property, in favour of the plaintiff from the Urban Land Ceiling Authority and also necessary Income-tax Clearance Certificate. The defendant agreed to sign and give necessary documents to enable the plaintiff to make applications to the Urban Land Ceiling Authority to obtain necessary exemption certificate and to obtain and produce the necessary income-tax clearance certificate; he also agreed to make available all the title deeds for scrutiny and investigation of the title of the defendant by the counsel for the plaintiff. The plaintiff agreed that in the event of sale transaction being completed, she should obtain vacant possession from the Madras Race Club, an occupier in respect of a portion of the property. Subject to all the above conditions, the parties agreed that the sale transaction shall be completed within six months. The plaintiff had been requesting the defendant to sign and present necessary documents for obtaining permission from the Urban Land Ceiling Authority and from the Income-tax Department. The defendant was lethargic and was postponing to comply with the request of the plaintiff. The plaintiff was all along ready and willing and continued to be ready and willing to pay the balance of the sale price to the defendant and complete the sale transaction in her favour, provided the defendant complies with the condition of the agreement. Though the defendant informed the plaintiff that he was taking steps to get necessary Income-tax Clearance Certificate from the authorities, no such certificate was either obtained or furnished to the plaintiff. The plaintiff requested the defendant several times to obtain such certificate. The plaintiff also requested the defendant to file an application for obtaining clearance certificate from the Land Ceiling Authority. But the defendant did not co-operate with the plaintiff; though the plaintiff furnished some of the original title deeds relating to the property, the defendant did not take steps. Therefore, the defendant clearly committed default of the agreement; the plaintiff made a demand on the defendant to complete the sale transaction; hence, the suit is filed praying for a direction to the defendant to execute the sale deed conveying the suit property in favour of the plaintiff after receiving the balance of sale consideration of Rs. 10 lakhs and also to give possession of the suit property to th

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