The suit property belongs to the defendant/Sundarambal. The plaintiff/Subbu Gounder entered into a sale agreement with the defendant on 30.06.1987. The sale price has been fixed at Rs.50,000/-. Rs.40,000/- has been paid as advance on the date of execution of sale agreement. Balance of Rs.10,000/- is to be paid within three years from the date of agreement of sale and to obtain the sale deed from the defendant. The plaintiff is always ready and willing to perform his part of the contract. Hence, he issued notice through his counsel on 28.03.1992, which was received by the defendant on 30.03.1992. In response to the above notice, he sent a reply notice with false and untenable allegations on 14.04.1992. Again, the plaintiff sent a rejoinder notice to the defendant on 28.04.1992. Thereafter, the learned counsel for the defendant had also accepted the notice, in due course, the plaintiff had also deposited the balance sale consideration of Rs.10,000/- to the account of the Advocate appearing for the defendant on 05.06.1992 in the bank situated within the Court campus and the original acknowledgment was also produced before the Trial Court under Ex.A7. But, the defendant was postponing the same, the plaintiff came to know that the defendant was making attempt to alienate the suit property. Hence, the plaintiff is constrained to file the suit for Specific Performance, or in the alternative, to pay Rs.40,000/advance amount along with interest from the date of sale agreement till the date of filing the suit.
