THOTTATHIL B.RADHAKRISHNAN, P.BHAVADASAN
Alex Thomas – Appellant
Versus
Rajan – Respondent
Thottathil B. Radhakrishnan, J.
1. Plaintiffs in a suit for specific performance of a contract for sale are the appellants.
2. On the basis of Exts.A1 to A7 and A16, the facts that emerge are as follows:
The defendants, husband and wife, entered into Ext.A1 dated 6.2.1996, agreeing to sell and extent of 1 acre and 37 cents to the plaintiffs or their nominees for consideration fixed at Rs.19,000/- per cent. They also received Rs.1 lakh as advance and the period for performance of the contract for sale was fixed to be up to 31.10.1996. Later, on measurement, the available extent was found to be only 1 acre and 34 cents instead of 1 acre and 37 cents. Ext.A2 was executed for 23 cents. That sale was in favour of the first plaintiff. This was followed by Ext.A3 for 20 cents in favour of a stranger. The advance of Rs.1 lakh (earnest) was adjusted towards sale considerations in Exts.A2 and A3; Rs.45,000/- being adjusted against Ex.A2 transaction and Rs.55,000/-against Ext.A3 transaction. Thereafter, Ext.A4 was executed on 26.10.1996 in favour of a stranger for 25 cents. Ext.A5 was executed on 28.10.1996 for 25 cents in favour of the first plaintiff. Ext.A6 was executed on 29.10
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