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2012 Supreme(Ker) 117

V.RAMKUMAR, K.HARILAL
Susheela, Post Kasaragod – Appellant
Versus
T. M. Muhammedkunhi, Kasaragod – Respondent


Advocates appeared:
For the Appellant(s):M/s. M.C. Sen, Parvathi A. Menon, M.P. Sreekrishnan, Shahna Karthikeyan & S. Prakash, Advocates.
For the Respondent:S.V. Balakrishna Iyer, Advocate.

Judgment

Ramkumar, J.

1. The two defendants in O.S. No. 139 of 1993 on the file of the Subordinate Judge's Court, Kasaragod, are the appellants in this first appeal. Pending the appeal the first appellant died and her legal representatives were impleaded as additional appellants 3 to 8. The aforesaid suit was one for specific performance of Ext.A1 agreement for sale dated 19-1-1993 of two items of immovable properties each admeasuring 12 cents belonging to the first and second defendants respectively. The plaintiff's case

2. The case of the plaintiff can be summarised as follows:-

The plaint schedule items 1 and 2 belong to defendants 1 and 2 respectively. As per Ext.A1 agreement for sale dated 19-1-1993 the plaintiff agreed to purchase and the defendants agreed to sell the plaint schedule properties to the plaintiff for a total consideration of Rs. 1,45,000/-. The plaintiff paid Rs. 55,000/-on the date of the agreement itself and the defendants have acknowledged the same in Ext.A1 agreement. The defendants agreed to execute the sale deed by 21-4-1993. The balance consideration of Rs. 90,000/- was payable at the time of registration of the sale deed. Eventhough the date for execut













































































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