The plaintiff must establish continuous readiness and willingness to perform a contract to be entitled to specific performance under Section 16(c) of the Specific Relief Act.

JUDGMENT :

This Second Appeal has been filed to set aside the judgment and decree dated 22.11.2011 rendered in A.S.No.167 of 2004 on the file of the Principal District Judge, Coimbatore, confirming the decree and the judgment dated 30.01.2003 rendered in O.S.No.830 of 1990 on the file of the subordinate Judge, Coimbatore.

2. Heard Mr.S.Subbiah, learned Senior Counsel for the appellant and Mr.S.Mukunth, learned Senior Counsel for R1 and perused the materials available on record.

3. The second defendant is the appellant. The first respondent / plaintiff has filed a suit seeking for a relief of specific performance against the defendants 1 and 2. During the pendency of the suit, the first defendant died and hence, her legal heirs have been impleaded as defendants 3 to 5. The second defendant is a subsequent purchaser from the first defendant. Therefore, she has also been impleaded as a party to the suit. The Trial Court has decreed the suit and in the First Appeal preferred by the second defendant, the First Appellate Court has dismissed the First Appeal and confirmed the judgment and decree of the Trial Court. Aggrieved over the same, the second defendant has preferred this Second Appeal.

4. The brief facts stated in the plaint are as follows:

On 15.7.1987 the 1st defendant had entered into a sale agreement with the plaintiff for a total sale consideration of Rs. 2,16,000/- and a sum of Rs. 50,000/- has been paid as an advance amount to the 1st defendant by the plaintiff and that has been stated in the agreement itself. The time to complete the sale transaction has been agreed at 12 months. On the same day when the sale agreement was entered, the plaintiff was put into possession and the said fact has also been stated in the agreement. After taking possession of the suit property, the plaintiff has converted the land into house sites. The 2nd defendant is an adjacent owner of the suit property. There is a public cart track having a width of 20 to 22 feet proceeding from Maruthamalai Road through the 2nd defendant's land in Survey Nos. 157 and 158 and then through the suit property. The said cart track has been used for the past 70 years.

4.1. By coming to know about the sale agreement in favour of the plaintiff, the 2nd defendant created troubles because she had already tried to purchase the suit property from the 1st defendant. The 2nd defendant has filed a suit against the 1st defendant in OS.No.1529 of 1987 before the Sub Court in Coimbatore seeking the relief of permanent injunction against the 1st defendant, the plaintiff and others. Since the 2nd defendant has tried to obstruct the cart track, the 1st defendant has also filed a suit in O.S.No.2703 of 1987 seeking the relief of permanent injunction. The plaintiff was informed that the 1st defendant has settled the dispute with the 2nd defendant. Therefore, the plaintiff was all along ready and willing to purchase the suit property as per the sale agreement. But the 1st defendant did not settle the dispute in respect of the suit property with the 2nd defendant and had not come forward to execute the sale deed. Therefore, the plaintiff had sent a legal notice on 08.08.1989 calling upon the 1st defendant to execute the sale deed. In the meanwhile, the 1st defendant had executed a sale deed in favour of the second defendant unmindful of the sale agreement in favour of the plaintiff. Hence, the plaintiff has filed the suit for specific performance.

5. The averments made in the written statement filed by the 2nd defendant are as follows:

The suit sale agreement is a concocted one. The 1st defendant has sold the suit property in favour of the 2nd defendant and hence, he did not have any right to execute any sale agreement in favour of the plaintiff. The first defendant executed a sale agreement of the suit property to the second defendant on 05.04.1987 itself. The 2nd defendant is in possession and enjoyment of the suit property in pursuant to the sale deed executed by the 1st defendant o