SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2010 Supreme(Ker) 645

THOTTATHIL B.RADHAKRISHNAN, P.BHAVADASAN
Alex Thomas – Appellant
Versus
Rajan – Respondent


Advocates appeared: For the Appellants:P.G. Parameswara Panicker, Senior Advocate,
P. Gopal, Advocates. For the Respondents:G.S. Reghunath, Advocate.

Judgment :-

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

















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top