The plaintiff must prove the payment of the entire sale consideration and come forward with clean hands in a suit for specific performance.

Challenging the judgment of the Additional District and Sessions Judge, Fast Track Court No.IV, Chennai in a suit for specific performance, based on an agreement of sale whereby the appellant/plaintiffs request was denied by both the Courts below, the above second appeal has been brought forth before this Court.

.2. The short facts which lead to the filing of the suit are as follows:

During 1978, the father of the defendant late P.S. Padmanabhan agreed to sell his lands in T.S.No.14, Block No.11, which was under land ceiling proceedings situated in Puliyur Village to and in favour of the plaintiff society authorising one Mr. P.S. Varadhan, Advocate to execute sale agreement and the sale deed on his behalf and to receive the consideration of Rs.14,400/-for an extent of 16,988 sq.ft. and by the agreement, the said Varadhan has received a sum of Rs.2,400/-towards advance and the balance consideration of Rs.12,000/-was paid on 13. 1984 by way of cheque, but till date, the said agent did not execute the sale deed . The Society acquired lands simultaneously in T.S.NOs.1,12,13,14,15,16 and 17 with various extents from different owners in the same Puliyur Village in Town Block No.11 and lay out was prepared and plots were also allotted to its 93 members. The society on obtaining sale deed from the owners of lands executed sale deeds in favour of 69 allottees. The allotees of plots in T.S.No.12 and 14 did not get sale deed, as the agents of the owners have not executed sale deed in favour of the plaintiff. These members have paid entire amount of the allotted price. The plots have been handed over to them before 1980 and they have put up construction . The 24 members who have not been given sale deed by the society, have been making representation for the past 20 years. For the land in T.S.No.14, the society has collected the amounts from its members and the entire sale consideration has also been paid. But the sale deed has not been executed by the owner P.S. Padmanaban represented by the agent Mr. P.S. Varadhan. The plaintiff society sent notices dated 112. 1997 and 21. 1998 requesting for the execution of sale deed in favour of the plaintiff. Since there was no reply, there arose a necessity for filing of the suit for the relief as stated above.

.3. The defendant contested the suit inter alia stating that the property absolutely belonged to the defendant. There was no society in the name of the plaintiff in the year 1978. There was no sale agreement between the plaintiff and the defendant. Hence, there is no question of any consideration having passed towards the agreement. The defendant nor his agent has received any sum except Rs.2,400/-as advance. The suit was barred by limitation. Even though the agreement is not accepted, the sale ought to have been completed within the period fixed by the law of limitation and not after 20 years and hence the suit must be dismissed.

4. The trial Court framed necessary issues, tried the suit and on trial, the suit was dismissed. Aggrieved plaintiff-society took it on appeal, which was also dismissed by the first appellate forum. Not satisfied, the plaintiff society has brought forth this second appeal before this Court.

5. At the time of admission, the following substantial questions of law were formulated:

1.Whether or not Ex.A1, Ex.A5,EX.A6 and EX.A18 prove that the payment of entire sale consideration as made under the suit agreement under Ex.A1?

2.Whether pre-suit notices Ex.A12 and A13 are valid or not?

3.Whether EX.A14 makes the suit maintainable as within time or not or whether the suit is barred by limitation in spite of EX.A14?

4.Whether the plaintiff is bound to pay court fee even after proving the payment of entire sale consideration under the suit agreement Ex.A1?

6. Advancing his arguments on behalf of the appellant, learned counsel would submit that an agreement was entered into between the parties in respect of the vacant land in Block No.11, T.S.No.1,12 to 17 in