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1989 Supreme(Ker) 487

K.G.BALAKRISHNAN
Kandamath Cine Enterprises (Pvt. ) Ltd. – Appellant
Versus
John Philipose – Respondent


Advocates:
P. Sukumaran Nayer and A.K. Chinnan, for Appellant; K.V. Kuriakose, for Respondent.
Judgement

JUDGMENT:-

This appeal is directed against the judgment and decree passed in O.S.No. 56 of 1979 on the file of the Ist Additional Sub Judge, Trivandrum. The suit for specific performance of an agreement was decreed as prayed for and the defendant has filed this appeal.

2. In broad but necessarily in precise terms the shape of this case is as follows: The defendant-company is the owner of 5 acres and 2 cents of land comprised in Sy Nos. 896, 897, 898 and 911 in Sreekariyam of Pangappara village. The Managing Director of the defendant-company agreed to sell 1 acre of land out of the 5 acres and 2 cents of land to the plaintiff for a consideration of Ruppees 90,000/-. This property situate on the northern side of the public road which leads to the Government Engineering College. On 15-12-78 the plaintiff paid Rs. 10,000/- as advance amount and Ext. A1 receipt was issued by the defendant in favour of the plaintiff. Apart from Ext. A1, there was no separate written agreement between the parties. In Ext. A1 the description of the plot agreed to be sold is given as follows : "the plot is just behind the 1 acre of the front land". The balance amount of Rs. 80,000/- was agreed to be paid wit















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