IMPORTANT POINT
A plaintiff seeking specific performance must continuously demonstrate readiness and willingness to perform their contractual obligations; failure to do so precludes the granting of such relief.

JUDGMENT :

THE HONOURABLE Mr. JUSTICE G.ARUL MURUGAN

Prayer:- Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 27.07.2011 in A.S.No.83 of 2010 passed by the learned I Additional District Judge, Salem, reversing the judgment and decree dated 30.07.2010 in O.S.No.12 of 2007 passed by the learned I Additional Subordinate Judge, Salem.

The defendant in the suit for specific performance is the appellant before this Court.

2. Pending this appeal, the sole appellant died and his legal heirs were brought on record as appellants 2 to 6.

3. This Second Appeal has been filed challenging the judgment and decree dated 27.07.2011 in A.S.No.83 of 2010 on the file of the I Additional District Court, Salem, reversing the judgment and decree dated 30.07.2010 in O.S.No.12 of 2007 on the file of the I Additional Sub Court, Salem.

4. For the sake of convenience, the parties are referred to according to their ranking as before the Trial Court.

The brief facts, which gave rise to this Second Appeal, are as follows:

5. According to the plaintiff, the defendant is the owner of the suit property and he had purchased the suit property through a registered sale deed in document no.1271 of 2002. The defendant had entered into an agreement to sell the suit property with the plaintiff on 05.03.2004 for a sale consideration of Rs.3,00,000/-. On the date of sale agreement itself, the plaintiff had paid a sum of Rs.2,50,000/- as advance, out of the total consideration of Rs.3,00,000/-. It had been specifically agreed that the balance of sale consideration has to be paid within a period of 15 months i.e., on or before 05.06.2005. The plaintiff was always ready and willing to get the sale deed executed by paying the balance sale consideration of Rs.50,000/-, but, the defendant postponed the execution of sale deed for some reasons. As the defendant evaded, it instigated the plaintiff to lodge a police complaint before the Suramangalam Police station for the misbehaviour and indifferent attitude and intention of cheating by the defendant. The case was registered as Crime No.232 of 2005 on 11.05.2005.

6. According to the plaintiff, on enquiry, the defendant admitted the said sale agreement liability and agreed to return the advance amount to the plaintiff within 150 days. Accordingly, the police closed the matter by recording the same and obtained signatures of both the parties. After having accepted his liability, the defendant neither returned the amount nor acted as per the sale agreement dated 05.03.2004. Contrarily, the defendant issued a legal notice by suppressing entire real facts and introduced a new story. However, the plaintiff had narrated entire facts and issued a reply dated 19.05.2005 to the defendant and also called him to be present in the Suramangalam Sub Registrar's Office on 27.05.2005 for the execution of the sale deed, after receiving the balance sum of Rs.50,000/-. The plaintiff had also prepared the amount of Rs.50,000/- by withdrawing it from the Subramanianagar Co-operative Urban Bank on 27.05.2005 and was present for the whole day at the Sub Registrar Office. But, the defendant neither presented himself for execution of the sale deed nor issued any reply. According to the plaintiff, the defendant, however, requested him in person that he would perform his part of contract within another 20 months. Based on the request, the plaintiff was eagerly waiting to get the sale deed executed in his favour, but all his efforts went in vain. As such, the plaintiff issued another legal notice and since the defendant did not choose to respond, the plaintiff has come up with the suit for specific performance to execute the sale deed as per the sale agreement dated 05.03.2004 or in the alternative, pass a decree directing the defendant to refund the advance amount with interest @ 12% p.a from the date of the suit till the date of realization.

7. The defendant resisted the suit by filing a written statement and