The legal principle established is that a specific performance can be granted if the Plaintiff proves readiness to perform their part even after a minor delay.

JUDGMENT

This Appeal has been filed against the Judgment and Decree dated 23.04.2021 made in O.S.No.46 of 2018 on the file of the Additional District Court, Krishnagiri.

2.The defeated Defendant is the Appellant herein.

3.For the sake of convenience the parties are referred to as per their ranking before the trial Court.

4.The brief facts leading to filing of this Appeal is as under:

4(a).The Respondent/Plaintiff has desired to purchase the suit schedule property and he approached the Appellant/Defendant and his family members to purchase the suit schedule property and two adjoining properties measuring to an extent of 59 cents each.

4(b).The Plaintiff purchased the 1st property measuring to an extent of 59 cents from the Appellant/Defendant by way of registered sale deed dated 12.6.2014 as document No.1909 of 2014 on the file of Sub Registrar of Uthangarai. The total sale consideration of Rs.20,00,000/- was paid by the Plaintiff to the Defendant for the said purchased property.

4(c).The 2nd property which is adjacent to the property belongs to the step brother of the Defendant, who was a minor at that time. The 3rd property which is adjacent to the 2nd property, also belongs to the present Defendant which is the suit schedule property.

4(d).Since the 2nd property belongs to the step brother of the Defendant, who was a minor at that time, it is mandatory to obtain permission from the competent Court. Hence, registered sale agreement was entered with respect to both the properties separately.

4(e).The first agreement dated 12.06.2014 was entered with the Appellant/Defendant with respect to the 3rd property (present suit schedule property) and the same was registered as Document No.1910 of 2014 on the file of Sub Registrar of Uthangari. At the time of registration of sale deed with respect to the 1st property, the total sale consideration was fixed as Rs.20,00,000/- and a sum of Rs 10,00,000/- was paid as advance. The time fixed for completion of sale is eleven months from the date of agreement.

5.It is the further case of the Plaintiff in the Plaint as well as in the oral evidence as PW1 that with respect to the 2nd property, which belongs to the step brother of the Defendant, registered sale agreement was entered on 07.08.2014 as Document No.2664 of 2014 on the file of Sub Registrar of Uthangarai and the same was signed by the mother of the minor viz., Selvi @ Kalaiselvi in the capacity of the mother and natural guardian of the minor. The total sale consideration was fixed as Rs.18,01,000/-. At the time of entering into the sale agreement, a sum of Rs.5,00,000/- was paid as advance. As per the terms of agreement, the balance sale consideration of sum of Rs.13,01,000/- has to be paid by the Plaintiff once the Court's permission is obtained by the mother and natural guardian. As the dispute arose between the Plaintiff and Mother of the minor, after exchange of legal notice between Mother of the said minor and the Plaintiff, the case has been filed, based on the sale deed dated 07.08.2014 (subject matter of O.S.No.47 of 2018 on the file of the learned Additional District Judge, Krishnagiri)

6.The Plaintiff as PW1 has stated that with respect to the present suit schedule property, the Appellant/Defendant also refused to execute the sale by receiving the balance sale consideration. Hence, the Plaintiff caused legal notice dated 15.04.2015 (Ex.A4), which is within the time period of eleven months fixed in the sale agreement dated 12.06.2014. For the said legal notice dated 15.04.2015, the Defendant issued reply notice dated 25.04.2015 (Ex.A5). The present suit in O.S.No.46 of 2018 was filed before the learned Principal District Judge and on administrative order, it was made over to the learned Additional District Judge, Krishnagiri.

7.The Appellant/Defendant filed written statement denying the very intention behind Ex.A.1/Suit sale agreement dated 07.08.2014 (registered agreement) and contended that the Appellant/Defendant had no intention to