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2017 Supreme(Ker) 1224

P.N.RAVINDRAN, DEVAN RAMACHANDRAN
K. P. SHIBU – Appellant
Versus
P. RAJAMMAL – Respondent


Advocates Appeared:
For the Appellant :Sri T. Krishnanunni Senior Advocate, Sri Vinod Ravindranath, Smt. Meena A., Sri, Saju S.A., Sri. K.C. Kiran, Sri. M. Devesh, Sri. Vinay Mathew Joseph and Sri. Ashwin Sathyanath, Advocates.
For the Respondent:Sri. K. Jayakumar, Senior Advocate, Sri. Saji Mathew, Sri. Denu Joseph, Smt. Neethu Reghukumar and Sri. S.K. Saju, Advocates (Caveator).

JUDGMENT :

DEVAN RAMACHANDRAN, J.

1. We are considering these two appeals together, since they are underpinned on the same set of causes of action and have been filed on the basis of allegations that are concatenated to each other. The reliefs sought are also dependent on each other and consideration of one inevitably will lead to the resolution of the other.

2. Both the above appeals have been filed by the plaintiff in O.S. No.2 of 2017 on the files of the Sub Court, Kattappana.

3. The essential claim of the appellant in the plaint is that he had entered into an agreement dated 28.1.2016 with the respondents for the purpose of purchase of a cardamom estate comprised of an extent of 23.5 acres, out of which 15.5 acres is patta land and 8 acres is lease land. The appellant says that as per the agreement, the sale consideration fixed was Rs.12,50,000/- per acre. He claims that an amount of Rs. 1,00,000/- was paid as advance and that certain other payments were made subsequently. We also notice that as per the case of the appellant, there was an original agreement dated 28.12.2015. viz., one executed one month before the agreement that is referred to above. He says that under the terms of
































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