The continuous readiness and willingness on the part of the plaintiff is a condition precedent to grant the relief of specific performance.

C. NAGAPPAN, J.

1. This appeal is preferred against the judgment and decree dated 20.9.2010 passed by the learned Principal District Judge, Tiruvallur, in O.S.No.77 of 2007. The defendant is the appellant herein. For the sake of convenience, in this judgment, the parties are referred to as arrayed in the suit.

2. The plaintiff filed the suit seeking for a judgment and decree directing the defendant to execute a sale deed for a sum of Rs.54,25,200/- in favour of the plaintiff or his nominee in respect of the suit property as per agreement of sale executed by the defendant on 5.10.2004, after receiving the balance of sale consideration of Rs.42,25,000/- from the plaintiff, on her failure to do so, the Court to execute the sale deed in favour of the plaintiff on behalf of the defendant at the expense of the plaintiff and alternatively, to direct the defendant to refund the advance amount of Rs.12,00,000/- with 18% interest per annum from the date of agreement till the date of realisation and for costs.

3. Briefly, the case of the plaintiff is that the defendant is the owner of the suit property and after negotiation, the defendant agreed to sell the suit property to the plaintiff and on 5.10.2004, the defendant executed agreement of sale in favour of the plaintiff for a total sale consideration of Rs.54,25,200/- and on the date of suit agreement, the defendant received from the plaintiff a sum of Rs.12,00,000/- towards advance cum part sale consideration and also agreed to receive the balance sale price at the time of execution and registration of the sale deed and it is also stipulated that the plaintiff should get the sale deed registered within a period of three months from the date of agreement and the defendant put the plaintiff in possession of the suit property on 5.10.2004, under the agreement.

4. It is further stated by the plaintiff that the defendant agreed to have the suit property surveyed and measured and convince the plaintiff about the correctness of the extent and also obtain necessary Possession Certificate and pay the entire land revenue dues payable by her and produce the documents to the plaintiff before the period of three months. It is also averred in the plaint, that upon failure on the part of the defendant, the agreement provided for compulsory registration on remittance of balance of sale consideration.

5. According to the plaintiff, he has got enormous resources to pay the balance sale price and also to spend for the stamp duty, registration fees and other charges and the plaintiff has been ready and willing to complete the sale at all material times and without physically verifying the available area of land with the possession and ownership of the defendant and without furnishing the materials insisted and also undertaken by the defendant, the plaintiff could not proceed further with his part of obligation in getting the sale deed ready for registration or to pay the huge balance of sale consideration under the agreement. It is further stated by the plaintiff that the defendant did not take any steps either to engage a surveyor to measure the suit lands or to pay the arrears of land revenue and she created an obstacle in the progress and performance of obligation on the part of the plaintiff.

6. It is further stated in the plaint, that even prior to the expiry of three months' period, the plaintiff sent a letter dated 23.12.2004, addressed to the defendant requiring her to measure the lands and furnish the land revenue paid receipts so as to enable the plaintiff to proceed with the registration of sale deed and the defendant did not take any steps and even subsequently, the plaintiff has been continuously insisting the defendant to measure the lands and produce the receipts for payment of arrears of land revenue and there was inaction on the part of the defendant. It is further stated by the plaintiff that the defendant started negotiating with third parties to sell the suit property for h