IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. RAJAMANICKAM, J.
Adhiaman Engineering College Rep. By its Principal K.M.Srinivasan and Ors - Appellant
Versus
Narayanappa - Respondent
S.A.Nos.947 to 949 of 2000
Decided on : 18-01-2019
Transfer of Property Act - Section 53-A - Section 10 - Contract Act,1872 - Section 19 - Specific Relief Act, 1963 - Section 16 (c) – Sale Agreement – Relief For Specific Perfomance - Suit properties belong to defendants - Defendants had agreed to sell respective suit properties to plaintiffs and entered into separate sale agreements on and Rs.43,000/- was fixed as sale consideration per acre - In pursuance of said agreements, plaintiffs have paid a sum of Rs.5000/- as advance to each of defendants - It was agreed that balance sale consideration should be paid within eleven months and that plaintiffs have to obtain sale deeds - Second plaintiff is Educational and Charitable Trust - On behalf of second plaintiff, as a Principal of Engineering College, entered into aforesaid sale agreement with defendants - On date of sale agreement, defendants delivered possession of their properties to first plaintiff - First plaintiff as per sale agreements, was always ready and willing to perform his part of contract and called defendants to receive balance sale consideration and execute sale deed - But defendants postponing same under some pretext or other - Hence, first plaintiff through second plaintiff issued a notice through their lawyer calling upon defendants to receive balance sale consideration and execute sale deeds – Held, In present case, apart from plaintiffs not showing their readiness and willingness, will not also suffer from any hardship if relief is not granted in their favour since they are educational institution - On other hand, defendants will be put to hardship if relief of specific performance is granted for plaintiffs since act of plaintiffs subsequent to contract shows that they are not willing to perform their contract - Further, sale agreements were entered - Now almost 31 years over and by this time, value of suit properties might have been increased many folds and defendants are poor farmers and if relief of specific performance is granted, that would cause hardship to defendants - Therefore, this court is of view that plaintiffs are not entitled for relief of specific performance - Courts below, taking into consideration of all aforesaid facts, have rightly rejected claim of plaintiffs - In said concurrent factual findings, this court cannot interfere - Accordingly, substantial questions of law are answered against plaintiffs – Appeal Dismissed.
1. These second appeals have been filed by the plaintiffs against the common Judgment passed by the Additional District Judge, Dharmapuri at Krishnagiri in A.S.Nos.30 of 1998, 31 of 1998 and 32 of 1998 dated 30.09.1999 confirming the common judgments and decrees passed in O.S.Nos.115 of 1996, 116 of 1996 and 117 of 1996 on the file of the Sub-Judge, Hosur dated 27.01.1998.
2. The appellants herein have filed three suits in O.S.Nos.115 of 1996, 116 of 1996 and 117 of 1996 on the file of the Sub-Judge, Hosur, for specific performance of the sale agreements dated 07.10.1988. The learned Sub-Judge, by the common judgment dated 27.01.1998, has dismissed the said suits with costs. Aggrieved by the same, the plaintiffs have filed the appeals in A.S.Nos.30 of 1998, 31 of 98 and 32 of 98 on the file of the First Additional District Judge of Dharmapuri at Krishnagiri. The learned First Additional District Judge of Dharmapuri at Krishnagiri, by the common judgment dated 30.09.1999, has dismissed the said appeals confirming the common judgments and decrees passed by the trial court. However, he directed the parties to bear their respective costs. Feeling aggrieved, the plaintiffs have filed the present second appeals. For the sake of convenience, the parties are referred to as described before the trial court.
3. Since in all the three suits, same kind of averments made in the plaints, for the purpose of disposal of these second appeals, the averments made in the plaints, are summarized herein as follows:
The suit properties belong to the defendants. The defendants had agreed to sell the respective suit properties to the plaintiffs and entered into separate sale agreements on 07.10.1988 and Rs.43,000/- was fixed as sale consideration per acre. In pursuance of the said agreements, the plaintiffs have paid a sum of Rs.5000/- as advance to each of the defendants. It was agreed that the balance sale consideration should be paid within eleven months and that the plaintiffs have to obtain sale deeds. The second plaintiff is the Educational and Charitable Trust. On behalf of the second plaintiff, as a Principal of the Engineering College, entered into the aforesaid sale agreement with the defendants. On the date of the sale agreement, the defendants delivered possession of their properties to the first plaintiff.
(b) The first plaintiff as per the sale agreements, was always ready and willing to perform his part of the contract and called the defendants to receive the balance sale consideration and execute the sale deed. But the defendants postponing the same under some pretext or other. Hence, the first plaintiff through the second plaintiff issued a notice on 22.07.1992 through their lawyer calling upon the defendants to receive the balance sale consideration and execute the sale deeds. Though the defendants had received the said notice on 25.07.1992, they neither come forward to comply with the said notice nor they sent any reply. Hence, the plaintiffs constrained to file the above suits for the relief of specific performance.
4. The averments made in the written statement filed by the defendants in the aforesaid suits are summarized as follows:
(a) It is false to say that the defendants executed the sale agreement in favour of the first plaintiff on 07.10.1988. It is also false to state that the defendants agreed to sell the suit properties at the rate of Rs.43000/- per acre and received a sum of Rs.5000/- as advance by each of the defendants. It is also false to state that the plaintiff has to pay the balance sale consideration within a period of eleven months and get executed the sale deed. It is also false to state that the plaintiffs were always ready and willing to perform their part of contract and only the defendants evaded to perform their contract. It is true that the defendants had received lawyer's notice, but they ignored the same as it was black mailing notice belatedly issued and with a view to pressurize the defendants. It
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