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2017 Supreme(Ker) 326

P.N.RAVINDRAN, P.SOMARAJAN
PROWESS CONSTRUCTIONS (P) LTD. – Appellant
Versus
SATHIBHOOSHAN, S/O. SUKUMARAN – Respondent


Advocates Appeared:
FOR THE APPELLANT : SRI. ALEXANDER JOSEPH

JUDGMENT :

P.N. Ravindran, J.

The appellants are the defendants in O.S.No.309 of 2010 on the file of the Court of the Additional Subordinate Judge of Thrissur. The sole respondent is the plaintiff therein. The respondent/plaintiff has in O.S.No.309 of 2010 prayed for a decree directing the defendants to execute and register a sale deed in respect of the plaint schedule property. The plaint schedule property is an apartment having a total plinth area of 895.23 Sq.Ft. situate in Guruvayur town. The case set out in the plaint is that out of the agreed sale consideration of 30 lakhs, the sum of 12 lakhs was paid on the date of the agreement, namely 11.7.2009 and that the agreement between the parties was to execute and register the conveyance by 31.12.2009. The respondent/plaintiff had alleged that though the plaintiff was ready with the balance consideration, the defendants declined to execute the sale deed on some ground or the other.

2. Upon receipt of summons, defendants entered appearance and filed a written statement resisting the suit. They denied the execution of the sale agreement and receipt of advance consideration. The defendants, however, admitted the fact that the second def





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