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1990 Supreme(Ker) 441

VARGHESE KALLIATH
Sasidharan Pillai – Appellant
Versus
Devaky Amma – Respondent


Judgment :-

Plaintiff in a suit for specific performance is the appellant. These are the facts: The 1st defendant is the mother of defendants 2 to 4. Defendants 2 to 4 are minors. The plaint schedule properties originally belonged to Bhaskaran Pillai -father of defendants 2 to 4 and husband of the 1st defendant. Bhaskaran Pillai got the property under a partition deed No.6283 of 1950 of the Sub Registry Office, Chadayamangalam. Bhaskaran Pillai died intestate. So the properties devolved on defendants 1 to 4 in equal shares.

2. The defendants wanted to sell the plaint schedule properties to secure a job for the 1st defendant in the best interest of minor defendants 2 to 4. Ext Al agreement was executed by the plaintiff and the 1st defendant acting for herself and for and on behalf of defendants 2 to 4. Plaintiff agreed to purchase plaint A schedule property for a price of Rs.46,700/- and paid Rs.25,000/- on 21-7-1981. Since a litigation O.P.No. 70 of 1981- was pending in regard to plaint A schedule property, the date for executing the sale deed was fixed to a date within 30 days from the disposal of O-P. No. 70 of 1981. Plaintiff was willing to purchase the property and he got ready

























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