Judgment :-

Swatanter Kumar, J.

1. Ramakrishna Menon, who unfortunately died during the pendency of the litigation, entered into an agreement to sell, dated 20th June, 1979, in favour of Thankam for sale of the full rights over the property measuring about 5 cents of land in Sy. No. 460/3 in Peringavu Village and all improvements purchased and processed by him under the Document No. 1887 of 1969 and registered in Paras 283 to 285 of Book No. 1 Volume 54 of Thrissur, Sub Registrar Office for a total consideration of Rs.45,250/-. A sum of Rs.5,000/- was paid by way of earnest money and it was agreed that the sale deed would be executed in favour of the predecessor, within six months from the date of the execution of the Agreement. It was also stated in the Agreement, which came to be exhibited as Ext.A1 during the course of recording of evidence, that all receipts, encumbrance certificate etc. should be taken and handed over to the predecessor at the time of execution of the sale deed. In other words, the sale deed was to be executed on or before 20th December, 1979. Thankam served the Registered Notice dated 10th December, 1979 upon the seller stating that they were always ready and