SRINIVASAN, THANGAMANI
Sonnappa Iyer – Appellant
Versus
K. R. Ramuthaiammal and others – Respondent
Srinivasan, J.
The plaintiff is the appellant. The defendants have filed a memorandum of cross-objections. The suit is one for specific performance of an agreement for sale. The case of the plaintiff is as follows:
On 3. 1977, the first defendant, who is the owner of the property entered into an agreement with the plaintiff for sale of the suit property for a total consideration of Rs.l,10,000 and received an advance of Rs.25,000. It was agreed that the sale should be completed within a period of one year. Ultimately, a term was introduced by agreement that before the month of That in the next year, possession will be handed over and the sale deed will be executed. The defendant was in need of money in order to perform his sons’ marriages. He was also in debts and as a manager of the joint family consisting of himself and his sons, he had to meet the needs of the family. There was legal necessity for selling the property and that was the reason for the defendant agreeing to sell the same. Though the property was the self-acquired property of the first defendant, he agreed to get the signatures of his sons in the said deed. When the plaintiff called upon the defendant to
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