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1992 Supreme(Ker) 307

BALANARAYANA MARAR
Krishnan – Appellant
Versus
Krishnan – Respondent


Judgment :-

The main aspect to be considered in this appeal is whether an agreement to sell immovable property by three co-owners can be specifically enforced against oneof them in respect of his share.

2. Plaintiff in O.S.213/85 before Sub Court, Palghat is the appellant. The suit was filed by him against the defendant seeking specific performance of an agreement executed by defendant and his (wo brothers on 12-8-1982 by which they agreed to sell the plaint schedule property for a total consideration of Rs. 1,45,200/- of which an amount of Rs.20, 000/- was received on the date of the agreement. Major portion of the property was also put in possession of the plaintiff, and the executants undertook to evict the tencnt in occupation of the buildings. The sale was agreed to be completed by 30th of August 1983. A further sum of Rs. 1,05,000/- was also paid. In the meanwhile one Achuth Bhaskar filed a suit against defendant and his brothers as O.S.190/83 seeking to restrain them from assigning the property to plaintiff. Plaintiff got himself impleaded in that suit which was dismissed on 26-7-1985. Plaintiff was not able to get the agreement enforced in view of the temporary injunction gr

































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