died on 18.10.2006, thereafter, the plaintiff was ready to pay the balance sale consideration and get the sale deed executed in his favour. When the defendants attempted to sell the property to a third party, the plaintiff along with henchmen threatened the defendants and thereby, a complaint was lodged to the concerned police on 16.07.2007. Thereafter, on 23.07.2007, the plaintiff issued notice with false averments and the same was suitably replied by the defendants on 06.08.2007. For the said reply notice itself, the defendants expressed their willingness to execute the sale deed in favour of the plaintiff. However, the plaintiff was not ready to get the sale deed executed by paying balance sale consideration as stated in the reply notice. As per the reply notice, after one week from the date of reply, if the plaintiff is not ready to get sale deed, the advance amount of Rs.50,000/- will be fortified. Therefore, the said agreement was cancelled after 15 days from the date of reply notice. The plaintiff has not performed his part of contract by paying balance sale consideration prices even after lapse of one year from the date of agreement. Therefore, the suit is liable to be dismissed with exemplary cost. After 15 days from the date of reply notice, agreement deed shall be cancelled and the plaintiff fortified the amount of Rs.50,000/-.
