P. Daivasigamani Vs S. Sambandan (Supreme Court of India)
Summary: The appeal arose from the judgment and order dated 15.06.2010 passed by the High Court of Judicature at Madras in Appeal Suit No. 196 of 2002, whereby the High Court modified the decree of the Subordinate Judge, Poonamallee in O.S. 212 of 1993 and granted specific performance of an agreement for sale dated 05.10.1989 along with permanent injunction in favour of the plaintiff, S. Sambandan. The Trial Court had instead granted only refund of the earnest money with interest and dismissed the prayer for specific performance.
The appellant, P. Daivasigamani, was the owner of one acre out of 1.80 acres of wetland comprised in Survey Nos. 287 and 288 at No. 85, Ayanambakkam, District Ambattur. Under the agreement dated 05.10.1989, he agreed to sell the property to the respondent for Rs.6,50,000. The respondent paid Rs.50,000 as earnest money and the agreement stipulated six months for completion of the sale transaction.
According to the respondent, he repeatedly contacted the appellant and sought completion of the transaction. He sent a registered letter dated 17.03.1990 calling upon the appellant to execute a power of attorney and conclude the transaction. A further lawyer’s notice dated 26.03.1990 was returned with the endorsement “refused”. Public notices were subsequently published in the Tamil daily “Dhina Thanthi” on 02.05.1990 and the English daily “Indian Express” on 06.05.1990. The suit for specific performance was filed on 26.03.1993.
