A plaintiff must prove the validity of a sale agreement and show readiness and willingness to perform contractual obligations for specific performance.

JUDGMENT :

N.SATHISH KUMAR, J.

Aggrieved over the dismissal of the suit with regard to the reliefs of specific performance and declaration of sale deed executed by first defendant in favour of second defendant as null and void and also the relief of delivery of vacant possession and damages for use and occupation, the unsuccessful plaintiff has filed the present appeal suit challenging the decree and judgment of the trial court, namely, III Additional Judge, City Civil Court, Chennai. In this judgment, the parties shall be referred to as per their rankings in the trial court.

2.The facts which are necessary for disposal of this suit is as follows:

(a)The suit property originally belonged to one Samyuktha and subsequently, she sold the suit property in favour of the first defendant, who thereafter constructed superstructure and became the absolute owner of the same. The first defendant, in order to discharge certain hand loans, offered to sell the suit property to the plaintiff for total sale consideration of Rs.24,00,000/-. The first defendant has received a sum of Rs.15,00,000/- by way of cash and Rs.6,00,000/- through cheque bearing No.550364 dated 03.06.2005 drawn on Indian Bank, Kothawal Bazaar, Chennai. They had executed an agreement for sale of the property. It is agreed between the parties that the sale shall be completed within a period of three years from the date of the agreement. The first defendant also undertook to vacate the tenant who was residing in the suit property and to hand over the vacant possession of the suit property to the plaintiff. The first defendant had also handed over all the original documents relating to the suit property to the plaintiff and also had executed a general power of attorney in favour of the plaintiff and undertook that he will not revoke the said power of attorney. Despite several requests made by the plaintiff, the first defendant did not come forward to execute the sale deed and to receive the balance sale consideration of Rs.3,00,000/-, but he was giving evasive replies and was adopting dilatory tactics. However, the plaintiff was ready and willing to act upon the terms and conditions and was ready to pay the remaining sale consideration of Rs.3,00,000/-. As the defendant did not come forward to execute the sale deed, the plaintiff has issued a legal notice dated 28.09.2007 along with the draft sale deed. However, the said notice was returned as unserved. Subsequently, the first defendant had also cancelled the said power of attorney. Therefore, the plaintiff also lodged criminal proceedings against the first defendant.

(b)Later, the plaintiff also came to know that the first defendant through power of attorney in favour of one Mr.Kannan has sold the suit property to the second defendant and the sale consideration set out in the sale deed in favour of the second defendant is lower than the agreement entered into between the plaintiff and the first defendant. Therefore, the plaintiff has filed the suit for declaring that the sale deed executed by the first defendant in favour of the second defendant dated 25.06.2008 is null and void and that it will not bind the plaintiff or affect his rights and to direct the defendants to execute the sale deed in favour of the plaintiff pertaining to the suit property or in alternative, to direct the first defendant to pay a sum of Rs.21,00,000/- together with interest at 24% per annum to the plaintiff and to direct defendants to pay Rs.1,00,000/- towards damages to the plaintiff for the use and occupation of the suit property and also to pay the cost of the suit and also seeking for a direction to the second defendant to quit and deliver the