ARIJIT PASAYAT, P.SATHASIVAM
SILVEY – Appellant
Versus
ARUN VARGHESE – Respondent
ARIJIT PASAYAT, J.
( 1 ) CHALLENGE in this appeal is to the judgment of a division Bench of the Kerala High Court allowing the appeal filed by the respondents who were the plaintiffs in a suit for specific performance of an agreement to sell immovable properties.
( 2 ) THE plaintiffs in a suit for specific performance of an agreement to sell immovable properties are the appellants. The defendants, four in number, entered into an agreement for sale of the respective portions held by them under Exhibit Al dated 23. 2. 1986. Thereunder, they agreed to convey to the plaintiffs an extent of 10 acres of property held by the four of them at a price of rs. 19,750/- per acre. They received an advance of Rs. 50,000/ -. The agreement provided that the sale deed was to be executed by 17. 4. 1986. The defendants were to furnish the plaintiffs with all documents in their possession and power and also furnish tax receipts for taxes paid up-to-date, the registration book for registration as a Rubber Estate with the rubber Board and the licence for planting rubber plants, get the properties measured by competent persons at the expense of the vendors-defendants in the presence of the plaintiffs purc
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