The validity and enforceability of an agreement of sale, the necessity of the signature of both parties, and the importance of proving the intention to sell the property and the readiness and willingness of the plaintiff to perform her part of the contract.

1. The appellant, who is the first defendant in the Original Suit, filed this Appeal Suit as against the judgment and decree dated 27.02.2003 made in O.S.No.84 of 2000 on the file of Subordinate Court, Padmanabhapuram.

2. For the sake of convenience, the parties arrayed in the Suit is referred in this appeal.

3. The first respondent in the appeal, who is the plaintiff in the above said Suit, filed a Suit for specific performance of contract, dated 24.01.2000 executed by the first defendant and originally impleaded the first defendant alone as defendant and during the pendency of the Suit, the 2nd defendant was impleaded.

4. Briefly, the case of plaintiff stated in the plaint is that the defendant purchased the suit property viz., house site with building bearing No.7/75, as per sale deed No.481/1992. The defendant agreed to sell the suit property to an extent of 33 cents in R.S.No.16/17 in favour of the plaintiff for a sale consideration of Rs.8,00,000/- and accordingly a written agreement of sale was executed on the same day and the defendant agreeing to execute the sale deed in favour of the plaintiff on or before 30.05.2000. On the date of sale agreement, the plaintiff paid an advance amount of Rs.5,00,000/- towards sale consideration to the defendant. The original agreement of sale and copies of title deeds relating to the suit property were handed over to the plaintiff along with tax receipts. The plaintiff was ready and willing to perform her part of contract, as per the agreement of sale. Further as per the agreement, the defendant demanded and received an amount of Rs.1,20,000/- from the plaintiff out of balance sale consideration and on receipt of the same, the defendant acknowledged its receipt on 23.05.2000 by means of an endorsement and signed in the written agreement of sale itself. The balance sale consideration to be paid only an amount of Rs.1,80,000/-. The plaintiff was always ready and willing to pay the balance sale consideration and to perform her part of contract and also orally demanded to execute the sale deed but the defendant did not come forward to execute the sale deed and he was evading. On 30.05.2000, the plaintiff went to Sub-Registrar's Office and awaiting for defendant to execute the sale deed by paying the balance sale consideration. But the defendant did not come to the Sub Registrar's office. Therefore, the plaintiff sent a suit notice to the defendant on 31.05.2000, calling upon the defendant to execute the sale deed and also the plaintiff has caused a publication in "Dinamalar" News paper, dated 01.06.2000. But the defendant never cared about performing his part of contract and execute the sale deed in favour of the plaintiff. The defendant is bound to execute the sale deed, as per agreement, after clearing all arrears of loan amount due to LIC, which availed by him for construction of the house in the schedule property. The defendant has neither cleared off the loan nor come forward to execute the sale deed. Therefore, filed the suit for specific performance of agreement of sale, dated 24.01.2000 by directing the defendant to execute the sale deed in favour of the plaintiff after deposit of balance sale consideration of Rs.1,80,000/- in Court, failing which, the Court itself execute the sale deed on behalf of the defendant in favour of the plaintiff.

5. The appellant / first defendant in the suit filed written statement in which denied the various averments made in the plaint and stated that in the first week of January 2000, the first defendant approached one Devasahayam for a loan of Rs.3,00,000/-and he given a loan of Rs.1,80,000/- on 10.01.2000 and got a debt bond in the style of an 'agreement of sale'. Since the defendant was badly in need of money, he has no other option, except doing things. Accordingly, the above said Devasahayam, paid the balance of Rs.1,20,000/- to the first defendant. Therefore, the first defendant had borrowed a sum of Rs.3,00,000/-only from the