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2015 Supreme(Ker) 175

P.N.RAVINDRAN, ANIL K.NARENDRAN
Peeves Enterprises – Appellant
Versus
Muhammed Ashraf – Respondent


Advocates Appeared:
For the Appellants:A. Balagopalan, A. Rajagopalan, M.S. Imthiyaz Ahammed, M.N. Manmadan, Advocates.
For the Respondent:Johnson Abraham, Nelson Abraham, S. Gopinathan, Advocates.

Judgment

Anil K. Narendran, J.

1. The appellants are the defendants in O.S.No.256 of 2008 on the file of the Court of the Subordinate Judge of Kochi. The said suit was filed by the respondent herein, initially seeking a decree for specific performance of an agreement for sale dated 26.3.2007, directing the appellants to execute a sale deed in favour of the respondent in respect of the plaint schedule property, having an extent of 53 cents, comprised in survey Nos.200/1 and 1511 of Edakochi Village and to put the respondent in possession of the same, with an alternate prayer for realisation of an amount of Rs. 1 Crore said to have been paid by the respondent to the appellants towards advance sale consideration together with interest @ 18% per annum and for a decree of permanent prohibitory injunction restraining the appellants from alienating or encumbering the plaint schedule property.

2. On receipt of summons, the appellants entered appearance and filed a written statement denying the allegations in the plaint and contending that, they had never agreed to sell the plaint schedule property to the respondent and that the respondent had never agreed to purchase the same. According to t





















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