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1990 Supreme(Ker) 45

VARGHESE KALLIATH
Ahamad – Appellant
Versus
Gangadharan – Respondent


Judgment :-

1. This is an appeal filed by the plaintiffs. The suit was one for specific performance of the agreement. The case of the plaintiffs is that the defendant executed an agreement to sell an item of property scheduled in the plaint for consideration of Rs. 15,000/-. The plaintiffs gave an advance of Rs.5300/-. Ext. A1 is the agreement. It is dated 13-2-1978. The plaintiffs further submit that when the agreement was executed the defendant handed over Exts.A2, A3 and A4. Ext.A2 purchase certificate is dated 23-10-1975 (the title to the property), Exts.A3 and A4 are receipts obtained by the defendant for payment of compensation and interest on the amount of compensation. The time stipulated in the agreement for the performance of the contract was one year from the date of the agreement.

2. The defendant said that the signature and the thumb impression in the document Ext. A1 are that of the defendant; but he has not executed the agreement in so far as the signature and the thumb impression were given in that stamp paper when it was a bare barren stamp paper. Further the defendant submitted that he has received a loan of Rs.1000/- from the second plaintiff and as a security for







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