AS.No.1116/2015

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on 06.06.2023

Delivered on 13.07.2023

CORAM

THE HONOURABLE MR. JUSTICE S.S.SUNDAR

AND

THE HONOURABLE MR. JUSTICE C.KUMARAPPAN

AS.No.1116/2015

1.K.R.Sundararaj

2.S.Sivaramkumar

..

Appellants /

Defendants 2 & 3

Versus

1.M.Nataraj

..

1^st Respondent /

Plaintiff

2.Velathal @ Velammal

..

2^nd Respondent /

1^st Defendant

Prayer:-

Appeal Suit filed under Section 96 of CPC against the

judgment and decree dated 30.04.2015 passed in OS.No.648/2011 by the

learned I Additional District Judge, Coimbatore.

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AS.No.1116/2015

For Appellants

:

Mr.Ar.L.Sundaresn

Senior counsel for

Mr.P.Mathivanan

For R1

:

Mr.Naveen Kumar Murthi

for Mr.S.Sidhartha Vishnu

R2

:

Died

JUDGMENT

S.S.SUNDAR, J.,

(1)Defendants 2 and 3 in the suit in OS.No.648/2011 on the file of I

Additional District Court, Coimbatore, are the appellants in the above

appeal.

(2)Brief facts that are necessary for the disposal of this appeal are as

follows:

(a)The 1^st respondent herein, as plaintiff, filed the suit in OS.No.648/2011

against the 2^nd respondent and the appellants for specific performance

of an Agreement dated 29.07.2011 by directing the defendants to

execute the Sale Deed free from encumbrance upon receipt of the

balance sale consideration and for permanent injunction restraining

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AS.No.1116/2015

the defendants from in any manner alienating or encumbering the suit

properties and for consequential reliefs.

(b)It is the case of the 1^st respondent/plaintiff that the 1^st defendant in the

suit executed a registered Power of Attorney Deed in favour of 2^nd

defendant in respect of the suit property on 16.06.2011 giving the

absolute right to the 2^nd defendant to deal with the property and the 2^nd

defendant entered into an Agreement of Sale with the plaintiff on

29.07.2011 to sell the suit property for a total consideration of

Rs.27,71,400/-. It is his further case that on the date of Agreement, the

plaintiff paid an advance of Rs.10 lakhs and the plaintiff agreed to

complete the sale within a period of one month from the date of

Agreement by paying the balance sale consideration of Rs.17,71,400/-.

It is the case of plaintiff that he was always ready and willing to

purchase the property by paying the balance sale consideration as per

the Agreement and that on several occasions, he had informed the 2^nd

defendant to come forward to execute the Sale Deed by receiving the

balance sale consideration. It is stated that the 2^nd defendant, with

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AS.No.1116/2015

ulterior motive, postponed the same. It is also stated by the plaintiff

that defendants 1 and 2 had not given the Death Certificate of one

Kallakkal and the original documents in respect of the suit property. It

is contended in the plaint that the plaintiff issued a Legal notice on

25.08.2011 calling upon defendants 1 and 2 to execute the Sale Deed,

but the 2^nd defendant issued a notice on the same day as if the plaintiff

did not come forward to get the Sale Deed registered and called upon

the plaintiff to come to the Registrar office within seven days with

balance sale consideration.

(c)It is stated in the plaint that the plaintiff sent a reply to the notice sent

by the 2^nd defendant on 26.08.2011 inter alia, pointing out that he

would be ready to pay balance sale consideration and get the Sale Deed

registered on 29.08.2011 provided the defendants produce the

necessary original documents for registration. It is also contended in

the plaint that the plaintiff was present before the Sub Registrar from

27.08.2011 for about a week, but the defendants did not turn up to

execute the Sale Deed. The plaintiff while applying for Encumbrance

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AS.No.1116/2015

Certificate, also came to know that the 2^nd defendant had sold the

property in favour