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1987 Supreme(Ker) 419

JOHN MATHEW, BALAKRISHNAN
PARSED MASTER – Appellant
Versus
ANTONY – Respondent


Judgment :-

1. Plaintiff in OS 3 of 1986 on the file of the Subordinate Judge, Trichur is the appellant. The appellant filed a suit against the first defendant-respondent for realisation of Rs. 3,23,680 with future interest at 12 per cent per annum The plaintiff was the General Secretary of the Trichur Jilla Mahallu Jumayath Association. He entered into a karar on 24th December, 1982, with the 1st defendant for the purchase of a printing press for a consideration of Rs. 2,90,000/-. On the date of the karar the plaintiff paid Rs. 40,000/-and thereafter on various dates he paid amounts and these payments, except the amount paid on 1-3-1984, have been endorsed in the karar. For the payment of Rs. 22,000/- on 1-3-1984 the plaintiff obtained separate receipt. Thus the first defendant paid Rs. 2,57,500/- and he waited for the execution of the document. The 1st defendant did not make any arrangement for the execution of the sale deed and postponed the same under some pretext or other. The plaintiff caused to send a lawyer notice on 21-4-1984 demanding specific performance. The 1st defendant informed the plaintiff the he had other debts to be paid to the State Bank of India and he wanted t





































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