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

2012 Supreme(Ker) 746

THOMAS P.JOSEPH
Sarada, Mavelikkara – Appellant
Versus
Divakara Kurup, Karunagappally – Respondent


Advocates appeared:
For the Appearing Parties:R. Padmakumar, R.T. Pradeep, P.B. Krishnan, R. Suraj Kumar, Mrs. Geetha P. Menon, P.M. Neelakandan, P. Sreekumar, Advocates.

JUDGMENT

THOMAS P. JOSEPH, J.

1. This Second Appeal arises from the judgment and decree of the Munsiff's Court, Mavelikkara in O.S. No.415 of 1999 allowing specific performance of Ext.A1, agreement for sale dated 20.01.1999, confirmed by the First Additional District Court, Mavelikkara in A.S. No.62 of 2003.

2. Plaint A and B schedules belong to the appellant/defendant as per Exts.A2 and A3, settlement deed No.2536 and sale deed No.2308 of 1998. While the appellant was in possession and enjoyment of the said property, it is alleged, she entered into Ext.A1, agreement dated 20.01.1999 for sale of the said items to the respondent for Rs.50,000/-. She is said to have received Rs.27,000/-by way of advance and agreed to execute the assignment deed in favour of the respondent within seven months from that day. It is further alleged that the original of document Nos.2536 and 2308 of 1998 along with the original tax receipt were given to the respondent. Since the appellant was not ready and willing to perform her part of the contract, the respondent issued notice dated 09.08.1999 demanding specific performance and appeared at the office of the Sub Registrar on 16.08.1999, but the appellant




























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