JUDGMENT :

N. SESHASAYEE, J.

1. The Plaintiff, who has lost her Suit for Specific Performance of a Sale Agreement said to have been executed by the First Defendant, and to declare a Mortgage Deed executed by the First Defendant to the Third Defendant post the Sale Agreement, successively before the Courts below, has preferred this Appeal. Parties would be referred to by their rank before the Trial Court.

Pleadings:

(A) Plaint:

2.1. The dispute is over a Plot measuring 1,500 sq. ft. allotted by the Tamil Nadu Housing Board to the First Defendant. The Plaint alleges:

(i) The Suit property was allotted to the First Defendant by the Housing Board on 12.2.1982, and there was an obligation on the First Defendant to pay the Sale consideration in monthly installments. The First Defendant struggled for finances to pay the monthly installments.

(ii) The Plaintiff is a relative of the First Defendant. To save the property from the peril of cancellation of Allotment, in the eventuality of the First Defendant failing to pay the monthly dues, it was agreed that the First Defendant would sell the Suit property to the Plaintiff, for a total Sale consideration of Rs. 7,000. A Sale-Deed too was executed on