w w w . L a w y e r S e r v i c e s . i n



Messrs. J. Pee. Tee. Engineering Industry, Rep. by its Proprietor, P.T. Jonney, Coimbatore v/s M.R. Ponnusamy & Others


Company & Directors' Information:- M & B ENGINEERING LIMITED [Active] CIN = U45200GJ1981PLC004437

Company & Directors' Information:- G. R. ENGINEERING PRIVATE LIMITED [Active] CIN = U65990MH1990PTC058602

Company & Directors' Information:- G G ENGINEERING LIMITED [Active] CIN = L28900MH2006PLC159174

Company & Directors' Information:- V U B ENGINEERING PRIVATE LIMITED [Active] CIN = U29290MH2005PTC154033

Company & Directors' Information:- N S ENGINEERING COMPANY PVT LTD [Active] CIN = U29219TG1989PTC010511

Company & Directors' Information:- S S S ENGINEERING COMPANY PRIVATE LIMITED [Strike Off] CIN = U27205KA1981PTC004194

Company & Directors' Information:- P G INDUSTRY LIMITED [Active] CIN = L74899DL1993PLC056421

Company & Directors' Information:- H M G ENGINEERING LIMITED [Active] CIN = U45200MH1977PLC019533

Company & Directors' Information:- K R R ENGINEERING PRIVATE LIMITED [Active] CIN = U29309TN1989PTC016852

Company & Directors' Information:- G G ENGINEERING LIMITED [Active] CIN = U28900MH2006PLC159174

Company & Directors' Information:- D B ENGINEERING PRIVATE LTD [Active] CIN = U74899DL1986PTC026541

Company & Directors' Information:- G G ENGINEERING PRIVATE LIMITED [Active] CIN = U28900MH2006PTC159174

Company & Directors' Information:- J P ENGINEERING CORPN PVT LTD [Active] CIN = U34103WB1951PTC019638

Company & Directors' Information:- S N B ENGINEERING PRIVATE LIMITED [Active] CIN = U27106DL2007PTC301213

Company & Directors' Information:- T P W ENGINEERING LTD [Active] CIN = U27203WB1975PLC029939

Company & Directors' Information:- C L ENGINEERING PRIVATE LIMITED [Active] CIN = U34300PB1992PTC012057

Company & Directors' Information:- W & W ENGINEERING PRIVATE LIMITED [Active] CIN = U72900TN2003PTC051228

Company & Directors' Information:- M L R ENGINEERING PRIVATE LIMITED [Active] CIN = U74999TG2006PTC051974

Company & Directors' Information:- K B ENGINEERING CO PVT LTD [Active] CIN = U74160TG1988PTC008366

Company & Directors' Information:- R P ENGINEERING PVT LTD [Active] CIN = U29299WB1992PTC055482

Company & Directors' Information:- J & K ENGINEERING LIMITED [Active] CIN = U45203JK2006PLC002684

Company & Directors' Information:- S P T ENGINEERING PRIVATE LIMITED [Converted to LLP] CIN = U27109UP2005PTC030940

Company & Directors' Information:- A R F ENGINEERING LIMITED [Active] CIN = U27200TN1980PLC008347

Company & Directors' Information:- A M ENGINEERING PRIVATE LIMITED [Amalgamated] CIN = U65910MH1981PTC187856

Company & Directors' Information:- S. S. E. ENGINEERING PRIVATE LIMITED [Active] CIN = U36990MH2007PTC175320

Company & Directors' Information:- C T ENGINEERING LIMITED [Strike Off] CIN = U29259GJ1986PLC009007

Company & Directors' Information:- R AND S ENGINEERING INDIA PVT LTD [Active] CIN = U29199GJ1995PTC027661

Company & Directors' Information:- U AND R ENGINEERING PRIVATE LIMITED [Active] CIN = U29199TZ1999PTC009012

Company & Directors' Information:- I Q ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U85110KA1996PTC021507

Company & Directors' Information:- G M ENGINEERING PRIVATE LIMITED [Active] CIN = U28910GJ2013PTC077091

Company & Directors' Information:- W. E. ENGINEERING PVT. LTD. [Active] CIN = U52335WB1985PTC039370

Company & Directors' Information:- MR INDIA PRIVATE LIMITED [Active] CIN = U15122TG2011PTC076407

Company & Directors' Information:- L. B. ENGINEERING PRIVATE LIMITED [Active] CIN = U74999WB2018PTC225084

Company & Directors' Information:- R I ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U74210KA1991PTC012420

Company & Directors' Information:- U D ENGINEERING PRIVATE LIMITED [Active] CIN = U32109DL1999PTC102586

Company & Directors' Information:- K M T S ENGINEERING PRIVATE LIMITED [Active] CIN = U29192DL2005PTC141240

Company & Directors' Information:- C A G ENGINEERING LIMITED [Active] CIN = U00350PB2006PLC029521

Company & Directors' Information:- C A G ENGINEERING LIMITED [Active] CIN = U29110PB2006PLC029521

Company & Directors' Information:- D ENGINEERING PRIVATE LIMITED [Active] CIN = U29269TZ1932PTC000046

Company & Directors' Information:- V K B ENGINEERING PRIVATE LIMITED [Active] CIN = U74899DL2005PTC141483

Company & Directors' Information:- INDIA ENGINEERING PRIVATE LIMITED [Active] CIN = U72200PN1999PTC014259

Company & Directors' Information:- C N C ENGINEERING LIMITED [Strike Off] CIN = U93000KA1986PLC007922

Company & Directors' Information:- M K V ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29199TZ1997PTC007736

Company & Directors' Information:- G V T ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U29219DL1996PTC082427

Company & Directors' Information:- K. I. ENGINEERING PRIVATE LIMITED [Active] CIN = U74999WB2009PTC133109

Company & Directors' Information:- G M E P ENGINEERING PRIVATE LIMITED [Active] CIN = U29192DL1998PTC096737

Company & Directors' Information:- J T ENGINEERING PRIVATE LIMITED [Active] CIN = U74899DL1984PTC018756

Company & Directors' Information:- M C ENGINEERING CO PVT LTD [Active] CIN = U74899DL1972PTC006392

Company & Directors' Information:- C P ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U27209TN1987PTC014052

Company & Directors' Information:- J B L ENGINEERING PRIVATE LIMITED [Active] CIN = U28112MP2008PTC021459

Company & Directors' Information:- H V S ENGINEERING PRIVATE LIMITED [Active] CIN = U28920MH2005PTC158342

Company & Directors' Information:- S C ENGINEERING CO PVT LTD [Active] CIN = U74210WB1982PTC035623

Company & Directors' Information:- U M ENGINEERING PRIVATE LIMITED [Active] CIN = U29200MH1977PTC019574

Company & Directors' Information:- A V K ENGINEERING PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071971

Company & Directors' Information:- S K ENGINEERING CO PRIVATE LIMITED [Strike Off] CIN = U05001UP1952PTC002408

Company & Directors' Information:- G D ENGINEERING COMPANY (INDIA) PVT LTD [Active] CIN = U74210WB1993PTC058553

Company & Directors' Information:- V M R ENGINEERING PRIVATE LIMITED [Active] CIN = U29120DL2005PTC136764

Company & Directors' Information:- K. S. I. ENGINEERING PRIVATE LIMITED [Active] CIN = U36999HR2007PTC036660

Company & Directors' Information:- N S S ENGINEERING PRIVATE LIMITED [Active] CIN = U28999KA1989PTC010312

Company & Directors' Information:- A P V ENGINEERING CO LTD [Strike Off] CIN = U29113WB1945PLC006428

Company & Directors' Information:- G B ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29212PB1996PTC017500

Company & Directors' Information:- C M S ENGINEERING INDIA PRIVATE LIMITED [Strike Off] CIN = U74210TN2010PTC075302

Company & Directors' Information:- J K B ENGINEERING COMPANY PRIVATE LIMITED [Strike Off] CIN = U31300TN1996PTC036482

Company & Directors' Information:- T S C ENGINEERING PRIVATE LIMITED [Active] CIN = U70109DL2011PTC217251

Company & Directors' Information:- H T S ENGINEERING PRIVATE LIMITED [Active] CIN = U74999MH2008PTC187914

Company & Directors' Information:- T P ENGINEERING PRIVATE LIMITED [Active] CIN = U45201OR2010PTC011517

Company & Directors' Information:- S B ENGINEERING PVT LTD [Active] CIN = U29199GJ1982PTC005292

Company & Directors' Information:- J J ENGINEERING PVT LTD [Active] CIN = U29219WB1986PTC041433

Company & Directors' Information:- D & L ENGINEERING PRIVATE LIMITED [Converted to LLP] CIN = U29113TN2004PTC052690

Company & Directors' Information:- H R P ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U31503MH1997PTC108621

Company & Directors' Information:- S H ENGINEERING PRIVATE LIMITED [Active] CIN = U70101WB1999PTC088930

Company & Directors' Information:- V K S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U28133TN2005PTC057283

Company & Directors' Information:- M K ENGINEERING PVT LTD [Active] CIN = U29199GJ1995PTC027278

Company & Directors' Information:- K J ENGINEERING PRIVATE LIMITED [Active] CIN = U29299PN2006PTC129171

Company & Directors' Information:- C S S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45302TN2003PTC051161

Company & Directors' Information:- N. P. ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U31100WB2010PTC150609

Company & Directors' Information:- S R K ENGINEERING CO PVT LTD [Active] CIN = U67120WB1994PTC063442

Company & Directors' Information:- M P T ENGINEERING PVT LTD [Strike Off] CIN = U29299KL1994PTC007761

Company & Directors' Information:- T S R C ENGINEERING PRIVATE LIMITED [Active] CIN = U29100UP2020PTC133920

Company & Directors' Information:- J B M R INDUSTRY PRIVATE LIMITED [Active] CIN = U29100HR2020PTC091452

Company & Directors' Information:- C S ENGINEERING INDIA PRIVATE LIMITED [Active] CIN = U28110MH2021PTC361962

Company & Directors' Information:- A K ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U50300UP1981PTC005354

Company & Directors' Information:- H M T D ENGINEERING PVT LTD [Active] CIN = U99999MH1981PTC035175

Company & Directors' Information:- J P ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U28129MH1972PTC015813

Company & Directors' Information:- V M ENGINEERING COMPANY PRIVATE LIMITED [Active] CIN = U28920MH1969PTC014224

Company & Directors' Information:- H M A ENGINEERING LIMITED [Strike Off] CIN = U45209PB2008PLC031777

Company & Directors' Information:- P T S ENGINEERING INDIA PRIVATE LIMITED [Active] CIN = U74210TZ2011PTC016944

Company & Directors' Information:- K S M ENGINEERING PRIVATE LIMITED [Active] CIN = U74210TG1997PTC028612

Company & Directors' Information:- M M ENGINEERING COMPANY PRIVATE LIMITED [Converted to LLP] CIN = U28932MH1979PTC021819

Company & Directors' Information:- N G T ENGINEERING PVT LTD [Active] CIN = U27109WB1968PTC027292

Company & Directors' Information:- M A S ENGINEERING PRIVATE LIMITED [Active] CIN = U99999MH1976PTC019233

Company & Directors' Information:- G R K ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U74200AP2011PTC076356

Company & Directors' Information:- P N S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29120TN2006PTC060120

Company & Directors' Information:- K P ENGINEERING CORPORATION PVT LTD [Strike Off] CIN = U74200WB1961PTC025258

Company & Directors' Information:- M A N INDIA ENGINEERING LTD [Strike Off] CIN = U74200WB1979PLC020893

Company & Directors' Information:- R V K ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29253TN2010PTC074505

Company & Directors' Information:- R K ENGINEERING COMPANY PVT LTD [Active] CIN = U74899DL1975PTC007743

Company & Directors' Information:- G S A ENGINEERING CORPN PVT LTD [Strike Off] CIN = U74210WB1957PTC023382

Company & Directors' Information:- A R M ENGINEERING PRIVATE LIMITED. [Strike Off] CIN = U00500JH1988PTC003057

Company & Directors' Information:- L & V ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45202MZ2005PTC007690

Company & Directors' Information:- S G A ENGINEERING COMPANY PRIVATE LIMITED [Strike Off] CIN = U29200MH2005PTC154349

Company & Directors' Information:- C P C ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29120TZ1986PTC001880

Company & Directors' Information:- P K R ENGINEERING INDIA PRIVATE LIMITED [Strike Off] CIN = U29130TZ2004PTC011094

Company & Directors' Information:- M N B ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U70101TN2005PTC057442

Company & Directors' Information:- R R K ENGINEERING PRIVATE LIMITED [Active] CIN = U74999WB2011PTC161080

Company & Directors' Information:- M S V ENGINEERING PRIVATE LIMITED [Active] CIN = U52399TG2020PTC147098

Company & Directors' Information:- D M S ENGINEERING CO PVT LTD [Strike Off] CIN = U28920WB1964PTC026168

Company & Directors' Information:- C R T ENGINEERING LIMITED [Strike Off] CIN = U32109DL1990PLC038842

Company & Directors' Information:- S D S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U28999PN2000PTC014838

Company & Directors' Information:- G B L ENGINEERING COMPANY PRIVATE LIMITED [Strike Off] CIN = U29130RJ1998PTC015182

Company & Directors' Information:- M.R. AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U74300DL1985PTC020952

Company & Directors' Information:- N T ENGINEERING COMPANY PVT LTD [Strike Off] CIN = U99999PY1986PTC000445

Company & Directors' Information:- R K ENGINEERING PRIVATE LIMITED [Active] CIN = U31100MH2005PTC152838

Company & Directors' Information:- V J S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29130TN1996PTC036636

Company & Directors' Information:- R. K. V. ENGINEERING PRIVATE LIMITED [Active] CIN = U29253MH2010PTC205237

Company & Directors' Information:- U S ENGINEERING PVT LTD [Active] CIN = U34300CH1986PTC006887

Company & Directors' Information:- A D ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U74210OR1989PTC002348

Company & Directors' Information:- R J ENGINEERING COMPANY PRIVATE LIMITED [Active] CIN = U27107RJ1972PTC001441

Company & Directors' Information:- H F ENGINEERING PRIVATE LIMITED [Active] CIN = U29244KL2013PTC033909

Company & Directors' Information:- O N ENGINEERING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC031987

Company & Directors' Information:- I D M ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29199KA1981PTC004517

Company & Directors' Information:- P S R ENGINEERING PVT LTD [Strike Off] CIN = U40200WB1987PTC042244

Company & Directors' Information:- P N ENGINEERING CO PVT LTD [Strike Off] CIN = U74210WB1980PTC032750

Company & Directors' Information:- A M A R ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29219DL1997PTC084187

Company & Directors' Information:- S G D ENGINEERING PRIVATE LIMITED [Active] CIN = U29210KA2009PTC050452

Company & Directors' Information:- G A S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29191MH2004PTC149606

Company & Directors' Information:- G T ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29219PN2012PTC145781

Company & Directors' Information:- M. M. K. ENGINEERING COMPANY PRIVATE LIMITED [Active] CIN = U29305MH2014PTC252830

Company & Directors' Information:- K-4 ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U31400MH2010PTC204004

Company & Directors' Information:- N J ENGINEERING PRIVATE LIMITED [Active] CIN = U45209MH2015PTC262607

Company & Directors' Information:- P R S ENGINEERING PRIVATE LIMITED [Active] CIN = U29253TN2009PTC073915

Company & Directors' Information:- U P S ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U40300TN2013PTC090167

Company & Directors' Information:- A R V ENGINEERING INDUSTRY PRIVATE LIMITED [Strike Off] CIN = U74999TN2014PTC095450

Company & Directors' Information:- K G D ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45400WB2014PTC200732

Company & Directors' Information:- T A ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U28992CH2003PTC025800

Company & Directors' Information:- M N A ENGINEERING PVT LTD [Strike Off] CIN = U45202CH2006PTC030215

Company & Directors' Information:- A A P ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U27106DL2005PTC138318

Company & Directors' Information:- A C ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29253DL2011PTC222515

Company & Directors' Information:- S. Z. ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U29253DL2014PTC274095

Company & Directors' Information:- IN ENGINEERING PRIVATE LIMITED [Active] CIN = U74210DL2011PTC212284

Company & Directors' Information:- J N ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45400DL2015PTC278906

Company & Directors' Information:- N I ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45400DL2015PTC280734

Company & Directors' Information:- A N D ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U51502DL2012PTC242516

Company & Directors' Information:- R R V ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U51909DL1997PTC089342

Company & Directors' Information:- Z. M. ENGINEERING PRIVATE LIMITED [Active] CIN = U51909DL2007PTC168270

Company & Directors' Information:- K Y ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U74999DL2013PTC248278

Company & Directors' Information:- M.R. CORPORATION PRIVATE LIMITED [Strike Off] CIN = U15400DL2013PTC259339

Company & Directors' Information:- R AND T ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U34300DL2005PTC136846

Company & Directors' Information:- THE ENGINEERING CORPORATION PRIVATE LIMITED [Strike Off] CIN = U99999KA1951PTC000699

Company & Directors' Information:- S J P ENGINEERING CO. PRIVATE LIMITED [Strike Off] CIN = U51505KA2002PTC030808

Company & Directors' Information:- D Y R ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U45205KA2014PTC075105

Company & Directors' Information:- T J ENGINEERING PRIVATE LIMITED [Active] CIN = U28999MH2021PTC353062

Company & Directors' Information:- S I ENGINEERING COMPANY PRIVATE LIMITED [Strike Off] CIN = U27109UP1967PTC003182

Company & Directors' Information:- W D ENGINEERING PRIVATE LIMITED [Active] CIN = U29308MH2020PTC345065

Company & Directors' Information:- S D ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U18101DL1999PTC102948

Company & Directors' Information:- M B D ENGINEERING PRIVATE LIMITED [Strike Off] CIN = U74210DL2008PTC181446

Company & Directors' Information:- A. B. C. ENGINEERING CORPORATION LIMITED [Not available for efiling] CIN = U99999MH1950PLC008192

Company & Directors' Information:-  ENGINEERING COMPANY ( [Not Available for eFiling] CIN = U99999MH1951PLC010002

Company & Directors' Information:- F M P ENGINEERING PVT LTD [Strike Off] CIN = U29259GJ1965PTC001337

    A.S. No. 1003 of 2007 & C.M.P. No. 14346 of 2020

    Decided On, 04 March 2021

    At, High Court of Judicature at Madras

    By, THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN

    For the Appellants: C.R. Prasannan, Advocate. For the Respondents: S. Parthasarathy, Senior Counsel, R1, J. Ramakrishnan, Advocate.



Judgment Text

(Prayer: Appeal filed under Section 96 of CPC to set aside the judgment and decree dated 24.01.2007 in O.S.No.957 of 2004 on the file of the Additional District and Sessions Judge cum Fast Track Court No.2, Coimbatore.)

1. The appeal filed by the plaintiff in the suit for specific performance seeking execution of the sale deed as per the registered sale agreement dated 22.08.1983 or in alternate to repay the advance money Rs.12,32,000/- with future interest at 12% per annum for the principal amount of Rs.11,00,000/-.

2. The trial Court granted the alternate relief of refund of advanced money with interest. Not being satisfied with the relief granted, the present appeal is filed by the plaintiff.

3. The brief facts of the case as stated in the plaint:

The suit schedule properties belongs to the first defendant. He got the property under a partition deed dated 06.12.1982 and a registered sale deed dated 22.08.1983. The suit land is about 4,047 sq.ft. 9 cents and 153 cents. The plaintiff was a tenant under the first defendant in a portion of suit property measuring of 1000 sq.ft. The plaintiff became the tenant in the year 1998 and running an Industry in the said place as a proprietorship concern under the name and style of “J.Pee.Tee.Engineering Industry”. He paid Rs.30,000/- as advance and put up a hollow block structure with a cement sheet measuring 37X 17 feet. Besides the hollow block structure, the plaintiff also in occupation of 17X 17 feet vacant site. Rent for the said premise was fixed as Rs.1000/-. The plaintiff regularly paying the rent to the first defendant. The first defendant offered to sell the suit property for sale consideration of Rs.15,00,000/- to the plaintiff and the plaintiff also agreed to buy the same which incudes site, which was in occupation of the defendants 2 and 3 besides the plaintiff. On 26.12.2003, a sale agreement was entered into between the first defendant and the plaintiff. The sale agreement deed was registered on 05.01.2004. The first defendant acknowledged the receipt of the advance money and also promised to execute the sale deed within a period of 11 months. The plaintiff has always been ready and willing to perform his part of contract. The first defendant is duty bound to clear certain formalities such as to demolish the structures available in the suit property, to vacate the tenants in the suit property, to produce the original documents for verification, to survey the land and fix the boundaries. The first defendant had not chosen to comply with any of these requirements. The plaintiff has sufficient funds to pay the balance sale consideration and this fact was made known to the first defendant on several occasion. He is ready and willing to deposit the balance sale consideration into the Court as and when the Hon'ble Court directs him to deposit. The plaintiff met the first defendant and requested him to complete the formality and executed the sale deed on the day fixed. The first defendant has not taken any steps to complete the formality. Therefore, the plaintiff issued notice to the first respondent on 17.11.2004, demanding him to fix a day for execution of the sale deed. The first defendant, though received notice, did not come forward to execute the sale deed. A reply was sent on 23.11.2004, refusing to execute the sale deed.

4. In the reply, the first defendant had stated that there was no consideration passed under the document and the sale agreement is not a valid document. Being a registered document, denying the validity of the said document clearly shows the intention of the first defendant to wriggle out from the contract. In the said reply, the first defendant, beside questioning the validity of the sale agreement also alleged willful default of payment of rent of Rs.3,29,355/-. The second and third defendants are formal parties, who are the tenants under the first defendant. Since the agreement between the plaintiff and the first defendant is to sell the vacant land, the defendants 2 and 3 who are occupying the land are made as formal parties. The plaintiff laid the suit for directing the first defendant to execute the sale deed in respect of the suit property, directing the first defendant to demolish the superstructure available in the suit property and hand over the vacant possession of the suit property to the plaintiff, in alternate, direct the first defendant to pay a sum of Rs.12,32,000/- with future interest at 12% per annum.

Written Statement in brief:

5. The first defendant filed a detailed statement wherein the alleged agreement for sale denied and the plaint averments as false and untenable. The specific stand of the first defendant is that he never agreed to sell his property or received any advance from the plaintiff. The plaintiff took a portion of the suit property on lease. The said portion is measuring 884 sq.ft. of building. He has paid an advance of Rs.30,000/- and rent was fixed at Rs.1850/- per month. Till May 1999, the plaintiff was regularly paying the rent. On 01.06.1999, the plaintiff took a further extent of 1764 sq.ft. of vacant land from the first defendant. The rent for the vacant land was fixed at Rs.1.50/- per sq.ft. and for the constructed building, Rs.3.00 per sq.ft. as such the plaintiff agreed to pay a sum of Rs.5067/- from 01.06.1999 for the land and building. The plaintiff started paying the agreed rent of Rs.5067/- from the month of June 1999. During the month of July 1999, the first defendant was in need of fund. Coming to know about it, the plaintiff approached the defendant and come forward to lend money for 12% interest and agreed to adjust the rent towards the interest payable. With the above understanding, the defendant received money from the plaintiff to the tune of Rs.7,49,100/-. From July 1999, the defendant stopped paying rent adjusting towards interest. At the end of December 2003, the plaintiff approached the defendant and insisted for repayment of the loan amount. The defendant agreed to execute a registered mortgage in favour of the plaintiff for the amount received but the plaintiff insisted the first defendant to execute a document in the form of an agreement. Believing the assurance that he will not misuse the document or seek any right under the document, the defendant executed the agreement for sale. He executed the document only with an intention to avail loan and not with an intention to sell the property. As on 26.12.2003, when he executed the sale deed the total money payable by him was only Rs.7,49,100/-. The plaintiff further agreed to lend a sum of Rs.3,50,000/- within a period of 7 months. But the plaintiff was able to pay only Rs.12,500/-. He did not receive any money on 26.12.2003 from the plaintiff and he did not agree to sell his property for Rs.15,00,000/-. In the said agreement dated 26.12.2003, there is no mention about the building which is in existence on the suit property for more than 15 years. The description of the suit property given in the suit schedule is not correct. The first defendant had not signed deed with an intention to sell the property. Therefore, the alleged agreement is not a valid document in law, since there is no concensus ad idem between the parties under the agreement dated 26.12.2003. As such, the agreement is not an enforceable document. The defendant always ready and willing to repay Rs.7,49,100/- received from the plaintiff after adjusting the balance rent payable by the plaintiff and also on delivery of the portion of the suit property, which is in occupation of the plaintiff. The first defendant never agreed to sell the property nor agreed to take steps to vacate other defendants from the suit property. He never agreed to measure the land. Therefore, the plaintiff is not entitled to claim the relief.

6. Based on the pleadings, the trial court framed the following issues:

i) Whether the suit agreement was executed as a security for the loan availed by the first defendant?

ii) Whether the plaintiff is entitled for the relief of specific performance?

7. Before the trial Court, the two witnesses were examined on the side of the plaintiff. 14 Exhibits were marked in support of his case. On the side of the defendants, three witnesses examined. 12 exhibits were marked.

8. The trial court on appreciating the evidence held that in the sale agreement, there is no reference about the superstructure whereas the plaintiff had been emphasizing for handing over the vacant site after removing the superstructure. Further, from Exs.B7 to B12, there are evidences to show that the first defendant had borrowed money from the plaintiff in installment and was liable to repay it to the plaintiff and therefore, held that the agreement was executed not with intention to sell the property but as security for the loan availed and therefore, declined to grant relief of specific performance but granted the alternate relief of refund.

9. In the appeal, it is contended that the trial court erred in not granting the relief of specific performance of the suit agreement. The trial Court erred in accepting the defendants case of loan transaction. The trial court failed to note the structures in possession of the second and third defendants are temporary in nature and the same are in hollow bricks covered with cement sheet and the first defendant agreed to remove the superstructure and sell the suit property as a vacant site. These facts has been overlooked by the trial court. The supplementation of the documentary evidence through oral evidence is not barred under law. The trial Court failed to distinguish the evidence adduced by the plaintiff to supplement the written agreement through oral evidence. The defendant executed the sale agreement after reading its content. Therefore, he is estopped from contending against the terms of Ex.A1. The court below erred in holding that the suit agreement is not enforceable as there was no mention about the sale of superstructures, overlooking the fact that there was no issue framed in this regard. The trial court ought not to have relied upon the evidence of D.W.2, who is the son-in-law of the first defendant. He is an interested witness and his evidence does not have any probative value. Exs.B7 to B12 are inadmissible evidence, since it does not contain the signature of the plaintiff or the defendant. There is no whisper about this document in the written statement. These documents were introduced much later. Being a registered sale agreement, the court below ought to have enforced the said agreement. In the income tax return filed by the plaintiff for the year 2004-2005, the advance money paid for the transaction is mentioned. The title documents viz., Exs.A6 and A7 were handed over to the plaintiff and in possession of the plaintiff. The fact that the title documents of the suit property are with the plaintiff goes to show that the parties freely entered into the agreement and the same got registered.

10. Per contra, the learned counsel appearing for the respondents submitted that in case of breach of contract, damages is the rule, specific performance is an exception. Only after 2018 amendment, change was introduced to Section 20, a departure from the existing Act. The law prior to 2018 amendment relied extensively on the discretion of the court to grant relief of specific performance. The present suit is based on the alleged agreement of the year 2003. The amended Act of 2018 cannot be given retrospective application. Operation of the law will be only retrospective, since it will result in creating new liabilities or obligation. Section 10 and Section 20 of the Specific Relief Act expounded the discretionary approach of specific performance. The protection provided under Section 10 and Section 20 cannot be deprived to the defendant in view of the later amendment.

11. In the instant case, the execution of Ex.A1 not denied but the intention for executing Ex.A1 is in dispute. The evidence placed before the Court reveals the relationship of landlord and tenant between the plaintiff and the first defendant had lead to the execution of Ex.A1 for the money borrowed. In the absence of consensus ad idem to sell the property, the plaintiff is not entitled for suit for specific performance, though there is evidence for borrowing Rs.7,47,000/-.

12. The trial court has directed to refund Rs.11,00,000/- with interest taking into consideration the equity. It could be seen from the conduct of the plaintiff that he was not ready and willing to perform his part of contract. When the recital of agreement mandates that before seeking specific performance, the balance sale consideration should be deposited in the Court, the plaintiff has not deposited the sale consideration before filing the suit. Therefore, the learned counsel for the respondents submitted that the contention of the appellant that he is entitled for the relief of specific performance is untenable, without establishing his readiness and willingness and without proving the genuineness of the agreement.

13. Learned counsel appearing for the appellant referring the judgment of this Court reported in 2018(2) MLJ 167, P.K.Subramanian vs. Pongiannan (deceased) and the judgments of the Supreme Court reported in 2011(8) SCC 601, Coromandel Indag Products Private Limited vs. Garuda Chit and Trading Company Private Limted, (2015) 1 SCC 705, Zarina Siddiqui vs A.Ramalingam alias R.Amarnathan, contended that Court cannot refuse the relief of specific performance, when the plaintiff has established the genuineness of the agreement and his ready and willingness. Equitable relief is common for both parties and cannot be denied for the defendant/vendor. Readiness and willingness does not mean placing the money before the Court and jingle it. Since the plaintiff has expressly recorded his readiness and willingness in the plaint itself and waiting for the Court order for deposit of the balance sale consideration, it is in total compliance of Section 16(C) of the Specific Relief Act. The readiness and willingness of the plaintiff was expressed in pre suit notice marked as Ex.A2. Since the defendants came out with frivolous reply, suit was filed.

14. The point for determination is whether the trial Court refusal to grant relief of specific performance and granting the alternate relief is in tune with law and evidence.

15. Before adverting to other facts, it is pertinent to note that it is a suit for specific performance filed based on a registered agreement dated 26.12.2003. As per the agreement, time specified for completion of contract was 11 months. There is a recital regarding breach, wherein it is specifically stated in the agreement that the purchaser should deposit the balance sale consideration and seek for specific performance. The 11 months period to perform the contract expired on 25.11.2004. The plaintiff has issued the notice dated 17.11.2004 calling upon the vendor to complete the contract as agreed and execute the sale deed after receiving the balance sale consideration within 7 days or else he will be constrained to approach the Court. To the said notice, the first defendant has replied through a lawyer and the reply notice is dated 23.11.2004. The suit for specific performance with alternate relief presented on 15.12.2004. There is no evidence to show that the plaintiff presented lodgment schedule for deposit of balance amount as mandated under Ex.A1. The reason for waiting till the last date to expire before demanding the performance of the contract appears to be an invented reasoning because in the pre suit notice, there is no whisper about why the plaintiff waited till the eleventh hour. For the first time, in the plaint, he has stated that the vendor agreed to vacate the tenants in the suit property and produce the original document for due verification and also to survey the land and fix the boundaries. That is the reason de hors of the fact th

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at the defendant denying the very agreement to sell and consensus ad idem for executing in the sale agreement deed, the trial Court had granted the alternate relief instead of specific performance. 16. The judgments relied by the learned counsel for the appellant on fact very clear that the purchaser shall always be ready and willing to perform his contract and the vendor proved to have evaded the due performance of the contract. In such cases, the Courts have held that for a vigilant and bonafide purchaser, the right of specific performance cannot be denied. 17. In the instant case, as pointed earlier, the defendant had not proved his ready and willingness at all time. In fact,there is no explanation why the plaintiff had not expressed his ready and willingness for 11 months from the date of agreement till the date of causing the notice. When there was superstructure whether permanent structure or a temporary sheet, the sale agreement does not speak about the existence of superstructure in which plaintiff as one of the tenant occupying. If really, he had intention of getting vacant site, he should have mention about the existence of superstructure and delivery of vacant site as a pre condition for execution of the sale. In the absence of such recital, the plaintiff cannot take such plea of pre-condition as a ruse or excuse for his delay and inaction to enforce the contract. 18. For the reasons stated, this Court holds that the decree of the trial court refusing to grant specific performance but granting the alternate relief of refund is fair and equitable in all sense. Therefore, the judgment and decree of the trial court is confirmed. Accordingly, the appeal suit is dismissed. No costs. The connected miscellaneous petition is closed.
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