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2014 Supreme(Ker) 459

T.R.RAMACHANDRAN NAIR, B.KEMAL PASHA
B. Wellingdon – Appellant
Versus
D. Shyama Prasad – Respondent


Advocates Appeared:
For the Appellants:P.B. Suresh Kumar, K.P. Sujesh Kumar, C. Unnikrishnan (Kollam), K.B. Pradeep, Advocates.
For the Respondents:R1, R. Rajasekharan Pillai, Sabina Jayan, G. Sreekumar (Chelur), Advocates, A. Meena, Advocate Commissioner.

Judgment

Kemal Pasha, J.

1. Questions presently arise for consideration in this appeal are:-

(1) Is it inequitable to grant a decree for the specific performance of a contract for sale of an immovable property, after a long lapse of time?

(2) Can specific performance be granted in a case wherein there is huge escalation of the market value of the property than the meagre value prescribed in the contract of sale, that was entered into almost 21 years back?

2. The defendant had entered into Ext.AI agreement for sale on 03.09.1993 with the plaintiff in respect of 68 cents of landed property belonged to the defendant in Sy.No.485-A, 486 and 487/1 of the Mundakkal Village, for a consideration of Rs.8,500/- per cent. At the time of Ext.AI agreement, the defendant had received an amount of Rs.1,50,000/- from the plaintiff as advance. The properties covered by Ext.A1 are scheduled as two items, 'A' schedule consists of 10 cents of property in Sy.No.485-A and 34 cents in Sy.No.486, and 'B' schedule consists of 24 cents of property in Sy.No.487/1 of the Mundakkal Village, Kollam District. There were two civil suits in respect of the said properties as O.S.No.36/88 and O.S.No.90/91 before t

































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