JUDGMENT :

The unsuccessful plaintiff in a Suit for specific performance before the Courts below is the appellant before this Court.

2. Parties are referred to in the same litigative status as in the Trail Court.

Plaintiff's Case:

3. The plaintiff would submit that the suit schedule property belongs to defendants 1 and 2 in which they had put up a commercial complex. The suit schedule property, which is a part of the larger extent, is owned by defendants 1 and 2. The defendants had agreed to sell the same to the plaintiff for a total sale consideration of Rs.1 lakh and an agreement of sale came to be executed on 12.11.1997 and on the date of the agreement a sum of Rs.40,000/- was paid as advance.

4. It is the case of the plaintiff that he was always ready and willing to perform his part of the contract. He would also submit that possession of the property was handed over to him on the date of execution of the agreement itself. However, the endorsement regarding the handing over of possession was made on the sale agreement later.

5. On 08.05.1998, the plaintiff had leased out the suit-property to one M/s. Century Agency to carry on business, who after sometime vacated the same in the mont