IMPORTANT POINT
Plaintiff cannot be denied relief of specific performance on ground of delay.

R. Subbiah, J.—The appellants herein are the defendants 1, 2, 4 & 5 in O.S.No.40 of 2009 on the file of the learned III Additional District Judge at Puducherry. The said suit was filed by the 1st respondent herein/plaintiff for specific performance, directing the defendants to execute the sale deed in respect of the suit schedule property in favour of the plaintiff on receipt of the balance sale consideration of Rs.1,15,98,000/-; in alternative, the court shall execute the sale deed.

2. During the pendency of the suit, the 3rd defendant S.Dhandapani died; on his demise, his wife and son were brought on record as Defendants 6 & 7 as his legal heirs. The Trial Court decreed the said suit by judgment and decree dated 20.11.2014, against which the defendants have come forward with the present appeal.

3. Even before the present appeal being numbered, the defendants 6 & 7 have sold their 1/5th share in the suit schedule property in favour of the plaintiff; hence, the defendants 6 & 7 have been transposed in this appeal as Respondents 2 & 3.

4. For the sake of convenience, the parties will be referred to as per their ranking in the suit as plaintiff and the defendants.

5. The facts of the case of the plaintiff, inter alia, are as follows:-

5-1 The defendants agreed to sell the suit schedule property to the plaintiff for a valid sale consideration at the rate of Rs.32,000/- per kuzhi. For the said purpose, the plaintiff and the defendants entered into a Sale Agreement on 18.12.2006 and on the same day, a sum of Rs.10 lakhs was received by the defendants from the plaintiff as advance. As per the terms of the Sale Agreement, the defendants have agreed to measure the suit schedule property on or before 10.02.2007 and on such measurement, depending upon the extent available on ground, the total amount payable by the plaintiff has to be calculated at the rate of Rs.32,000/- per kuzhi, after deducting the advance amount of Rs.10 lakhs. On receipt of the balance sale consideration, the defendants would execute the sale deed at the cost of the plaintiff. Further, the defendants have also agreed to discharge the loan availed by them from Kari-kalampakkam Agricultural Co-operative Credit Society and show the discharge receipt to the plaintiff before the said date viz., 10.02.2007.

5-2. Further, as per Clause 7 of the Sale Agreement, the defendants have agreed to show the original title deeds including the parent documents, patta copy and Encumbrance Certificate to the plaintiff and hand over the photocopies of the same to the plaintiff within the stipulated time.

5-3. It is further case of the plaintiff that he has expressed his readiness and willingness to perform his part of the contract on various occasions and requested the defendants to measure the suit property and to produce the original title deeds, parent documents, Patta and Encumbrance Certificate for verification and handover the photocopies of the same to the plaintiff as agreed upon by them under Clause 7 of the Sale Agreement. But, whenever the plaintiff requested the defendants to perform the said obligations, the defendants requested some more time to perform their obligations under the contract. Having expressed his readiness and willingness, the plaintiff patiently waited. Whereas the defendants have not chosen to perform their obligations such as measuring the suit property, clearing the loan and producing the original documents as agreed upon by them under the Sale Agreement. Hence, the plaintiff issued a notice to the defendants on 11.02.2007 expressing his readiness and willingness to pay the balance sale consideration as agreed upon under the Sale Agreement and called upon the defendants to measure the property and perform their obligations and execute the Sale Deed within 15 days from the date of the receipt of the Notice. On receipt of the said notice, the defendants issued a reply dated 23.02.2007 with false and frivolous allegations, as if they had alrea