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1991 Supreme(Ker) 237

P.K.SHAMSUDDIN
Yohannan – Appellant
Versus
Harikrishnan Nair – Respondent


Advocates:
B. Krishmani, for Appellants; P. V. Rama Wariyar, P. Bhavadas, T. R. Ravi and Ramdas (for Nos. 1 and 2), for Respondents.

JUDGMENT:-

This appeal is filed against the judgment and decree of the Sub Court, Trivandrum in O.S. No. 287 of 1985. The suit is for specific performance of an agreement for sale.

2. Briefly stated the plaint averments are as follows : Defendants 1 and 2, who are the owners of plaint schedule property, agreed to sell the property to the plaintiffs for a consideration of Rs. 3,00,000/- and executed an agreement in their favour on 21-1-1985. An amount of Rs. 10,000/- was received by the defendants as advance. The sale was agreed to be complied within ten days. The agreement also provided that within the stipulated period building in the plaint schedule property should be demolished and the encumbrances on the property should be cleared off. The sale deed was got prepared by the plaintiff after purchasing necessary stamp paper on mutual consent. Plaintiffs and defendants sent to the Sub Registry Office to execute the sale deed but then the 3rd defendant came there and at his instigation, defendants 1 and 2 left the place without executing the sale deed. The plaintiffs were always ready and willing to perform their part of contract and the sale deed could not be completed as a result








































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