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2017 Supreme(Ker) 851

K.RAMAKRISHNAN
Kochammu, Since Died, Lrs – Appellant
Versus
Kumaran – Respondent


Advocates Appeared:
For the Appellants :M.R. Venugopal, Dhanya P. Ashokan, Advocates.
For the Respondents:K.G. Balasubramanian, Advocate.

JUDGMENT :

1. The defendant in OS.No.301/1986 on the file of the Principal Munsiff Court, Thrissur is the appellant herein. The suit was one filed by the plaintiff for specific performance of the agreement for sale entered into between the plaintiff and the defendant. The case of the plaintiff in the plaint was that on 11.10.1985, the plaintiff and the defendant entered into an agreement to sell in respect of 54 cents of land belonging to the defendant comprised in Sy.No.119 part of Pottor village and both the parties agreed that the plaintiff would purchase the property for Rs.223/- per cent and paid an advance amount of Rs.1,000/- to the defendant on that day. It is also agreed between the parties that the document had to be executed on or before 11.12.1985 on receiving balance sale consideration payable for the transaction. The defendant had also undertaken to furnish the back documents and the encumberence certificate relating to the property and also to satisfy the plaintiff about the extent of the property after measuring the same at her expenses. According to the plaintiff, he was always ready and willing to perform his part of the contract and he is continued to be so as wel
























































































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