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1991 Supreme(Ker) 332

MANOHARAN, VARGHESE KALLIATH
Joseph George – Appellant
Versus
Chacko Thomas – Respondent


Judgment :-

Manoharan.

These appeals arise from the judgment and decree in O.S.No. 33 of 1985 on the file of the Court of the Subordinate Judge of Kottayam, a suit for specific enforcement of ExtA1 agreement. Appellants in AS. 472 of 1986 are defendants 4 and 5, and appellants in AS.1 of 1987 are defendants 1 to 3.

2. The facts for the purpose of these appeals can be summarised as follows:-

Defendants 1 and 2 obtained 24 cents as per a settlement, out of which on 1-1-1982 they conveyed 19.509 cents on the north with a building to defendants 4 and 5 as per Ext.B1 sale deed and Ext. B15 release deed. They executed Ext.A1 agreement to sell the southern 4.491 cents with six shop rooms to the plaintiffs for a total consideration of Rs. 3,20,633/- out of which on the date of Ext. A1 Rs. 50,000/- was paid as advance; Rs. One lakh had to be paid on 30-6-1984; and sale deed had to be got executed on or before 15-9-1984 on payment of the balance consideration. There was stipulation in Ext. A1 to the effect, if on account of the default of the plaintiffs, the sale deed is not executed within the said date the amount paid as advance would be forfeited. ExtA1 also provided that the sale would be




































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