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1952 Supreme(Ker) 66

VITHAYATHIL
Mohammed – Appellant
Versus
Abdarahimankutty – Respondent


Judgment :-

1. Plaintiff is the appellant in this Second Appeal. The suit is for specific performance of a contract of sale of a building. The building belongs to the first defendant. On 8-7-1118 he agreed to sell it to the plaintiff for Rs. 500/- and received from the plaintiff on that date Rs. 100 as advance purchase money. Subsequently, the first defendant refused to execute the sale deed. The plaintiff filed this suit on 7-7-1121 for specific performance of the contract depositing in court the balance purchase money of Rs. 400. The second defendant is a tenant of the building under the first defendant. Defendants 3 to 8 are persons who reside in the building along with the second defendant. Defendants 1 and 2 contested the suit. The first defendant admitted the contract of sale, but contended that the plaintiff subsequently cancelled the contract. The second defendant contended that he was living in the house with his family under a coolicharth executed by him to the first defendant and that he was not liable to be evicted from the house. The trial court found that the plaintiff had not cancelled the agreement and gave a decree for specific performance. The relief against the s





















































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