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2001 Supreme(Ker) 13

A.LEKSHMIKUTTY, S.SANKARASUBBAN
In re : Kuttadan Velayudhan – Appellant
Versus
. – Respondent


Advocates:
M/s. T. R. G. Warrier (Sr.), P. V. Rama Warriyar and T. R. Ravi, for Appellants; M/s. T.P.K. Nambiar, P. G. Rajagopalan, Babu Varghese and Mary Anikutty Chettur, for Respondents.

Judgement

SANKARASUBBAN, J.:- This appeal is filed against the judgment and decree in O.S. No. 175 of 1990 on the file of the Sub-Court, Tirur. The suit was filed for specific performance of an agreement to sell the plaint schedule property. The agreement is produced as Ext. A6. According to the plaintiff, Ext. A6 was executed by defendants 1 and 2 for the sale of the plaint schedule property for a total consideration of Rupees 85,000/-, out of which, Rs. 70,000/- had been paid on the day on which Ext. A6 was executed. The balance amount was agreed

to be paid within one month and the sale deed executed.

2. According to the plaintiff, the plaintiff is a person, who is employed in Gulf Countries. The suit was filed by the power of attorney holder of the plaintiff. The balance amount was paid to the defendants. But they refused to accept the amount and also execute the sale deed. Ext. A1 notice was issued to the defendants to which they replied stating that they did not execute the document. On the other hand, according to them, they had borrowed Rs. 15,000/- from the plaintiff when he last came from abroad. They promised to repay the amount within two years. Since this was not paid with
































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