.

R. SUBBIAH, J.

1. This application has been filed by the applicant/plaintiff under Order 14 Rule 8 of O.S. Rules r/w Order VII Rule 11(d) of CPC r/w Section 151 of CPC seeking to reject the plaint.

2. The applicant is the defendant and the respondent is the plaintiff in the suit. For the sake of convenience, the parties will be referred as per their rankings in the suit.

3. The respondent/plaintiff has filed the suit for the following reliefs.

(i) To direct the defendant to execute a Sale Deed in favour of the plaintiff on receipt of the balance sale consideration in respect of the suit schedule premises, under the Agreement for Sale dated 25.03.2010, failing which, to direct the Registrar of this Court to execute the Sale Deed on behalf of the defendant in favour of the plaintiff.

(ii) To grant an order of permanent injunction, restraining the defendant, her men, agents, representatives or anyone claiming on her behalf, from alienating, encumbering or entering into any sale agreement in favour of any third party in respect of the suit schedule premises in any manner whatsoever, till the issue of specific performance is settled.

(iii) To direct the defendant to pay the costs of this suit.

4. The brief facts, which are necessary to dispose of this application, as averred in the plaint, as follows:

4-1. The plaintiff herein was a tenant in respect of the suit schedule premises since 1992. From the inception, the plaintiff is paying the rent regularly to the defendant herein. The plaintiff is in peaceful possession and enjoyment of the suit schedule property since 1992 without any hindrance. While so, during the year 2010, the defendant offered to sell the suit schedule property to the plaintiff, being a shop portion measuring to an extent of 767 sq.ft approximately at Shop No.4, Wellington Estate, No.53, Commander-in-chief Road, Egmore, Chennai, for a total sale consideration of Rs.42,50,000/-. The offer was accepted by the plaintiff and an Agreement for Sale was entered into between the plaintiff and defendant on 25.03.2010 and the plaintiff paid an advance amount of Rs.2,00,000/- (Rs.1,00,000/- by cash and another sum of Rs.1,00,000/- by cheque No.486128, drawn on Vijaya Bank, Egmore, Chennai). The balance sale consideration of Rs.40,50,000/- was agreed to be paid on or before 25.08.2010.

4-2.The plaintiff by letter dated 31.07.2010 expressed her readiness and willingness to complete the sale and requested the defendant to make the original title deeds relating to the suit schedule property available for verification by her counsel. The plaintiff had further requested the defendant to fix a date, time and place, when and where her counsel may verify the original title documents, that too on or before 15.08.2010. But, the defendant had neither given any reply to the letter of the plaintiff nor produced the original title documents as required by the plaintiff.

4-3.The plaintiff therefore wrote another letter dated 06.06.2011 reiterating her request to produce the original title documents and informed the defendant that she is ready and willing to perform her part of contract as early as possible, for which also she had neither received any response nor any reply from the defendant. The plaintiff had been conveying her readiness and willingness to perform her part of contract and requested the defendant to produce the original title deeds by letters dated 21.12.2011, 06.03.2012, 04.06.2012, 25.07.2012 and on 30.11.2012. But, the defendant having received the said letters, failed and neglected to send any reply or produce the documents for verification.

4-4.The defendant had been in the habit of not paying tax due to the CMWSSB in respect of the suit schedule premises with an intention to harass the plaintiff, who was in occupation of the subject premises. Hence, the plaintiff has been served with demand notice dated 15.05.2014 from Wellington Estate Society stating that the defendant has not paid the CMWSSB Water and Drainage Tax