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2007 Supreme(Ker) 484

HARUN-UL-RASHID, KURIAN JOSEPH
Ummer – Appellant
Versus
Kunhava – Respondent


Judgment :-

Harun-Ul-Rashid, J.

This appeal suit was filed by the defendants in O.S. No.131 of 1993 on the file of the Sub Court, Ottappalam. The suit for specific performance of an agreement for sale of the plaint schedule property was decreed by the Trial Court. Hence this appeal.

2. The parties are referred to herein as the plaintiff and the defendants for the sake of convenience. The plaint schedule property belonging to the defendants having an extent of 2.63 acres is the subject matter of the suit. According to the plaintiff, the defendants agreed to sell the plaint schedule property to the plaintiff for a consideration of Rs.3 lakhs. The preliminary talk for the sale of the property was held prior to 2.11.1991 and it was decided to finalise the sale when the 1st defendant would come for leave during March 1992. According to the plaintiff, the 1st defendant came for leave during March 1992 and the agreement was finalised for sale of the property between the plaintiff and the defendants. The plaintiff paid Rs.50.000/- towards advance. It is also alleged in the plaint that the 1st defendant on behalf of the defendants, handed over possession of the property to the plaintiff. The






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