K.RAVICHANDRABAABU
Rajammal – Appellant
Versus
M. Senbagam – Respondent
The appellants are the defendants 2 and 4 in a suit for specific performance of an agreement of sale. The trial court decreed the suit as prayed for and the appeal preferred by the defendants 2 and 4 came to be dismissed.
2. The defendants 1 and 3 died during the pendency of the suit leaving the defendants 2 and 4 as their legal heirs.
3. The case of the plaintiff is as follows:
The suit property belonged to the first defendant. The second defendant is the wife and the defendants 3 and 4 are the children of the defendants 1 and 2. On 25.06.2003, the defendants entered into a registered agreement for sale with the plaintiff agreeing to sell the suit property for total sale consideration of Rs.2 lakhs and received a sum of Rs.1,65,000/- towards advance on the same day. For the payment of balance amount and execution of sale deed, three years time was fixed. Possession of the suit property was entrusted to the plaintiff on the date of agreement. Though the plaintiff was ready and willing to perform her part of the contract, the defendants evaded to perform their obligation. The plaintiff issued a legal notice on 16.05.2005, calling upon the first defendant to execute the sale d
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